Montana Attorney General Austin Knudsen has led a group of 21 states in backing President Donald J. Trump's decision to implement a reduction in force (RIF) at the Department of Education. This action, argued to enhance efficiency, is intended to shift more educational authority to state education departments.
The amicus brief, filed Monday in the case State of New York v. Secretary Linda McMahon, addresses the Department of Education's announcement of a nearly 50 percent RIF. The decision has been challenged by 21 Democrat-led states who are suing the Trump Administration. According to Article II of the Constitution, the president has the authority to manage Executive Branch employees.
“Article II provides the President with broad authority to manage the federal workforce. The Founders confirmed this authority, and the courts have recognized it for more than two centuries except in limited circumstances not relevant here,” Attorney General Knudsen stated. He emphasized that restricting the president's ability to manage employees could weaken both government efficiency and presidential effectiveness.
The attorneys general argue that plaintiffs are unlikely to succeed, citing the separation of powers that bolsters President Trump's authority under Article II. They also argue that plaintiffs have not demonstrated irreparable harm. Although plaintiffs claim potential harm from the lack of Department guidance, President Trump and the Department have already offered Title IX guidance on providing fair athletic opportunities for women and girls. Yet, compliance has not been universal among plaintiff states.
“Plaintiffs cannot demand reinstatement of employees to provide ‘essential’ guidance upon which they claim to rely, while they are rejecting the essential guidance that is provided,” Knudsen wrote in the brief.
While the Trump Administration cites potential irreparable harm if an injunction is granted, it also argues that public interest supports decentralized authority in education. Knudsen noted that this empowerment of states could deliver unprecedented opportunities for all children.
The brief includes support from attorneys general in Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.