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Cdubgano
@cdubgano.bsky.social
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Short, happy human. Lover of cake, books, travel, the Oxford comma, and the University of North Carolina. Occasionally awkward.
Short, happy human. Lover of cake, books, travel, the Oxford comma, and the University of North Carolina. Occasionally awkward.
![SUPREME COURT OF THE UNITED STATES
No. 24A1203
LINDA MCMAHON, SECRETARY OF EDUCATION, ET AL. v. NEW YORK, ET AL.
ON APPLICATION FOR STAY
(July 14, 2025]
The application for stay presented to JUSTICE JACKSON and by her referred to the Court is granted. The May 22, 2025 preliminary injunction entered by the United States District Court for the District of Massachusetts, case No. 1:25-cv-10601, is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting.
This case arises out of the President's unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago: the Department of Education. As Congress mandated, the Department plays a vital role in this Nation's education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.
Only Congress has the power to abolish the Department.
The Executive's task, by contrast, is to "take Care that the Laws be faithfully executed." U. S. Const., Art. II, §3. Yet, by executive fiat, the President ordered the Secretary of Education to "take all necessary steps to facilitate the closure](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bcsjnmnthpmcedj6hfwpd52b/bafkreibq75d5gho6s5hjrc2my6dzwi3hkcvzx53h2tu4mpnj63powkngz4)
