By Thomas Ultican 7/19/2025
Lindsey M. Burke, Director of the Center for Education Policy at The Heritage Foundation, opened her education section in Project 2025 stating, “Federal education policy should be limited and, ultimately, the federal Department of Education should be eliminated.” The liar-in-chief made it seem while campaigning that he knew little about Project 2025 and declared it was not his agenda. Don’t be shocked to learn that his education policies appear to be lifted directly from “The Mandate for Leadership the Conservative Promise – Project 2025 Presidential Transition Project.”
On July 14th, the Supreme Court sanctioned the Presidents dismantlement of the Department of Education. Many of us thought that the administration could not shut it down because it would never survive a filibuster in the Senate. As Diane Ravitch wrote:
“But I was wrong. Obviously. It didn’t occur to me that Trump would fire half the staff of the Department and dismantle it without seeking Congressional approval.”
In 1974, congress passed the Impoundment Control Act which Richard Nixon signed into law. It compels an administration to spend the money congress has appropriated. Most people, like Diane Ravitch, never expected Trump to just ignore the law.
Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan, dissented with the ruling which overturned lower courts and allowed the administration to fire almost half of the Department of Education work force. Before the layoffs, the Department had 4100 employees, with buyouts and these layoffs; the department now employs fewer than 2,200 people. Sotomayor wrote, “When the executive publicly announces its intent to break the law, and then executes on that promise, it is the judiciary’s duty to check that lawlessness, not expedite it.”
The Current Supreme Court of the United States
It took only ten minutes after the Supreme Court’s decision was announced for Secretary of Education, Linda McMahon, to let more than a thousand people know they were officially fired.
On his failed Truth Social platform, even though he knows nothing about education, Trump posted:
“The Federal Government has been running our Education System into the ground, but we are going to turn it all around by giving the Power back to the PEOPLE. Thank you to the United States Supreme Court!”
Attacks and Legal Responses
Two more examples of Professor Burke’s numerous proposals (page 322) in Project 2025 are part of the Trump-2 agenda:
“Restoring state and local control over education funding. As Washington begins to downsize its intervention in education, existing funding should be sent to states as grants over which they have full control, enabling states to put federal funding toward any lawful education purpose under state law.
Safeguarding civil rights. Enforcement of civil rights should be based on a proper understanding of those laws, rejecting gender ideology and critical race theory.
After the Supreme Court authorized Trump to ignore the law and continue gutting the Education Department, he posted:
“Beyond these core necessities, my administration will take all lawful steps to shut down the department. We’re going to shut it down, and shut it down as quickly as possible. It’s doing us no good. We want to return our students to the states.”
In his March 20 executive order to close the Department of Education, Trump demonstrated a weak understanding of education, “This year’s National Assessment of Educational Progress showed that 70 percent of 8th graders were below proficient in reading, and 72 percent were below proficient in math.” It is well known that NAEP’s proficiency level is set well above grade level which means 70% of students not being rated proficient is not a bad score. Writing in Forbes, Peter Greene shared, “An NCES report back in 2007 showed that while NAEP considers “basic” students not college ready, 50% of those basic students had gone on to earn a degree.”
This termination of employees order survived legal push-back but it is not certain that the Supreme Court is completely corrupt and some of the many legal fights pending may not have such a MAGA pleasing outcome.
After his win, Trump said, “We had a big win with the Supreme Court over the Department of Education, and we went, as you know, we want to bring education back to the states, take the federal government out of it, little, tiny bit of supervision, but very little, almost nothing, like to make sure they speak English.”
If that is true, why would his Big Billionaire Budget eliminate Title III-A money which is used to assist English language learners. Or end the 1966 Migrant Education Program designed to supports students of families who move for seasonal labor.
Court Battles
In February, Secretary McMahon sent the infamous “Dear Colleague Letter” which attacked diversity equity and inclusion (DEI) programs as being founded on racial discrimination. One response from a school leader refusing to certify that he and his district would end their DEI program noted, “Thank you for your April 3 memorandum, which I read several times — not because it was legally persuasive, but because I kept checking to see if it was satire.”
Secretary of Education Linda McMahon
On April 24th, the Legal Defense Fund Reported concerning McMahon’s order, “Today, the U.S. District Court for the District of Columbia issued a preliminary injunction blocking the enforcement of a certification requirement from the U.S. Department of Education that threatens schools with a loss of federal funding based on harmful misinterpretations of civil rights laws, threatening Black students’ equal access to a quality education.”
The Wonkette reported about another attack on head start, “Health and Human Services Secretary Robert F. Kennedy Jr. added further shame to his family’s legacy Thursday, announcing that effective immediately, undocumented immigrant children will be banned from the Head Start preschool program, which not only provides child care and preparation for kindergarten to low-income preschoolers, but also provides school meals and health screenings.” (Thursday was July 10th)
The ACLU filed a suit April 28th to stop the Trump administrations attacks on head start stating, “Defendants are now dismantling this crucial program in defiance of Congress—a goal specifically identified in “Project 2025: A Mandate for Leadership.” They say they will amend the suit to include Kennedy’s attack. The ACLU lawyers claim this is part of a broader attack on working families in which the Trump administration is attempting to rewrite the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to make it harder for children to access critical early childhood education. ACLU attorney Jennesa Calvo-Friedman noted, “No agency – including HHS – has ever defined early education as a restricted ‘federal public benefit.’”
As more and more court battles pile up, Reuters’ Andrew Goudsward reports, “Two-thirds of the DOJ unit defending Trump policies in court have quit.” A lawyer who left stated:
“Many of these people came to work at Federal Programs to defend aspects of our constitutional system. How could they participate in the project of tearing it down?”
Lawyers cited a punishing workload and the need to defend policies that some felt were not legally justifiable for the wave of departures. A few feared they would be pressured into misrepresenting facts or legal issues in court.
In another legal battle, Professor Johann Neem of Western Washington University believes the June 27 Supreme Court decision in Mahmoud v. Taylor threatens public education. The winning parents were opposed to LGBTQ literature of any kind and sued for the right to review all material before their kids see it.
Justice Sotomayor wrote, “Never, in the context of public schools or elsewhere, has this Court held that mere exposure to concepts inconsistent with one’s religious beliefs could give rise to a First Amendment claim.” She concluded, “To presume public schools must be free of all such exposure is to presume public schools out of existence.”
The Trump/Project 2025 attack on public education has become a giant legal battle. Will public schools survive or will our convicted felon president and the radical-right prevail?







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