The New Republic, no paywall – The Roberts court majority seems bound and determined to undermine the American constitutional order. “To cover the Supreme Court these days is to catalogue its lawlessness. The conservative justices’ latest decision in McMahon v. New York allows the president to effectively demolish the Department of Education—a Cabinet-level department that was created by Congress, given duties and responsibilities by Congress, and funded by Congress to carry them out. Secretary of Education Linda McMahon, a pro-wrestling promoter and sexual-abuse lawsuit defendant, made no secret of her goals after taking up her current job. In a speech in March, she declared that the department was to carry out its “final mission”: executing a mandate from President Donald Trump to shutter the department and transfer some of its functions to other agencies. Project 2025, the administration’s de facto policy blueprint, also said the department “should be eliminated.” A week after taking up her post, McMahon put that plan into action by ordering a “reduction in force,” or RIF, of roughly half of the agency’s employees. The state of New York and other plaintiffs sued McMahon to stop the RIF by arguing that it was a back-door means to end the department’s statutory responsibilities by eliminating the staff responsible for carrying them out. This was not particularly difficult for the plaintiffs to prove: Trump administration officials publicly described the RIF as part of the “final mission” in alignment with an executive order that directed McMahon to “take all necessary steps to facilitate the closure of the Department of Education” while also “ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely”—two obviously contradictory goals. Unsurprisingly, a federal district-court judge granted the plaintiffs a temporary restraining order shortly thereafter. The lower court concluded from the record that the RIF’s actual goal was to “effectively dismantle the Department without an authorizing statute.” When the Trump administration appealed that restraining order to the Supreme Court, it pled ignorance. The district court, the Trump Justice Department argued, “[lacked] jurisdiction to second-guess the executive [branch]’s internal management decisions” and that the order was about “streamlining” the department. “The government has been crystal clear in acknowledging that only Congress can eliminate the Department of Education,” Solicitor General D. John Sauer told the justices in his filing. “And the government has acknowledged the need to retain sufficient staff to continue fulfilling statutorily mandated functions and has kept the personnel that, in its judgment, are necessary for those tasks. The challenged RIF is fully consistent with that approach.”..