Trump's Department of Education plan facing legal challenges as Dems say he lacks votes to eliminate DOE
WASHINGTON, DC - MARCH 20: U.S. President Donald Trump holding up a signed executive order poses with U.S. Education Secretary Linda McMahon at the White House on March 20, 2025 in Washington, DC. Trump on March 20 signed an executive order to formal
WASHINGTON - Advocacy groups took legal actions against President Donald Trump's executive order, restructuring the Department of Education.
Meanwhile, the administration is looking for more leeway to introduce the order.
Congressional approval is necessary to completely dissolve the department. It would require seven Democrats to cross party lines in the Senate to overcome the chamber's filibuster.
"Let's be clear. They don't have the votes to do it. It's not happening," says Rep. Hakeem Jeffries (D-NY).
The fallout
The legal and political fallout is intensifying following President Trump's executive order aimed at dismantling the DOE, predictably, along party lines.
What we know:
On March 25, two major lawsuits were filed in federal court looking to stop the order.
One by a coalition of groups, including the National Education Association and the NAACP and another by the American Federation of Teachers.
"The Department of Education was created by an act of Congress. A wannabe king cannot unravel it," said Jeffries.
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President Trump's effort to dismantle the Department of Education hits major roadblocks from the NEA, NAACP and AFT.
History of the Department of Education
It was established in 1979, thanks to a strong push from then-President Jimmy Carter.
President Ronald Reagan made a push to abolish the department when he took office in 1981. He discussed the topic during his 1982 State of the Union speech but never garnered enough congressional support to completely eliminate it.
Reagan argued that education should be handled at the state level and the federal government should have just a minor role.
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What they're saying:
The White House is standing by the President's plan and we're learning more about what will happen to the department's core responsibilities.
The Small Business Administration is expected to take over the federal student loan program and the Department of Health and Human Services will be responsible for school nutrition, health and other services.
Education Secretary Linda McMahon will still be responsible for ensuring services on a reduced basis.
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"We want to bring education into the states. We're at the bottom of the pack, but, we're the most expensive per pupil," President Trump said.
"It's a national catastrophe," said former Education Secretary and FOX News correspondent Bill Bennett. "We have to raise our standards. When you send the money back to the states, you're not going to have a problem."
The other side:
Democrats on Capitol Hill say the President doesn't have enough votes in Congress to shut down the DOE, and the Trump administration is now working with Republican lawmakers to find a legislative path forward.
"The President simply asked the secretary to work with Congress to come up with a plan. A plan to put students first, not the bloated bureaucracy," said Lisa McClain (R-MI).
Educators voice concern over Education Dept. order
Teachers and school administrators are sounding the alarm after President Donald Trump signed an executive order to begin dismantling the U.S. Department of Education. Reporter Madeleine Rivera has more, from Washington.
Dig deeper:
The Trump administration has already fired about half the department's staff.
It now only has about two thousand full-time employees.