[U] History Will Record That The Dissent Was Correct, In McMahon v. New York. Damn.

To be certain, Dred Scott was a vast malignancy / mistake. But it took decades to correct that evil / error.

So too, Roberts' handing Tangerine the temporary discretion to keep cutting huge portions of the Congressionally mandated Education Department to ribbons. Damn:

. . .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. Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department.

That decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.

Unable to join in this misuse of our emergency docket, I respectfully dissent. . . .

Congress has also charged the Department with ensuring equal access to education. See §3402. The Department’s Office of Civil Rights, for example, enforces several antidiscrimination laws as to federally funded educational programs, see §§3413, 3441(a)(3), including Title VI, 42 USC §2000d et seq. (prohibiting discrimination on the basis of race, color, and national origin); Title IX, 20 USC §§1681–1689 (prohibiting discrimination on the basis of sex); and Title II of the Americans with Disabilities Act, 42 USC §§12101–12103 (prohibiting discrimination on the basis of disability). The Department additionally administers the Individuals with Disabilities Education Act (IDEA), which funds and supports special education services for more than 7 million students with disabilities. . . .

Tens of millions of low-income families, too, rely on financial assistance programs administered by the Department under Title I of the Elementary and Secondary Education Act. Put simply, schools and students in every State rely on federal programs established by Congress and run by the Department.

Congress has prohibited the Secretary of Education from “aboli[shing] organizational entities established” in the Department’s organic statute. 20 USC §3473(a)(2). As for statutory entities “transferred to the Department,” the Secretary may only “consolidate, alter, or discontinue” a subset of entities specifically identified, after providing Congress with 90 days’ advance notice and a “statement of the action proposed. . . and the facts and circumstances relied upon in support of such proposed action.” §§3473(b)(1)(A)–(L), (b)(2). . . .

What a strange time in US (Orwellian) politics. [Do Roberts / Alito / Thomas appear as features, in the real Epstein files?!] Out -- on a jet by 4 pm.

UPDATED: EmptyWheel is on fire -- and correct, overnight: ". . .Plus, think of the optics of this! Trump has sicced a wrestling promoter currently fighting allegations of fostering sexual abuse of boys. . . on school children. Let me repeat that: Trump has sicced a billionaire wrestling promoter, currently fighting allegations she overlooked sexual abuse of boys, who has absolutely no expertise on education, on school children. That’s the person who is going to start taking away educational opportunities for poor kids.

John Roberts just gave this billionaire wrestling promoter accused of letting an employee sexually exploit boys sanction to start destroying local school programs. . . ." Damnation. She's right.

नमस्ते