Cozen O'Connor

  • A group of 21 Democratic AGs filed a lawsuit in federal court challenging the Reduction in Force (RIF) announced by the Department of Education (DOE).
  • The complaint alleges that the DOE’s RIF usurps legislative authority in violation of separation of powers principles; is an illegal ultra vires action; violates the Administrative Procedure Act by exceeding the scope of the DOE’s authority; and is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
  • The AGs argue that the executive branch does not have unilateral authority to dismantle or incapacitate the DOE and that the RIF will significantly interfere with the DOE’s statutorily-mandated functions, including ensuring equal access to public education, and the administration of higher education, federal financial aid, vocational, and rehabilitation programs, among others.
  • The AGs seek declaratory and injunctive relief vacating and enjoining implementation of the RIF or other efforts to unilaterally dismantle the DOE, and fees and costs.
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