Keri Rodrigues, president of the National Parents Union, speaks at a rally on Friday, March 14, 2025, in Washington, D.C, protesting the U.S. Education Department’s mass layoffs and President Donald Trump’s plans to dismantle the agency. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON  — The U.S. Department of Education has emerged as central in the struggle over control of the power of the purse in the nation’s capital.

Democrats in Congress are pushing back hard on the Trump administration’s freeze of $6.8 billion in funds for after-school programs and more at public schools, some of which open their doors a few weeks from now. California alone lost access to $939 million and every state is seeing millions of dollars frozen.

At the same time, the Supreme Court on Monday slammed the door on judicial orders that blocked the dismantling of the 45-year-old agency that Congress created and funds.

The nation’s highest court cleared the way for the administration to proceed, for now, with mass layoffs and a plan to dramatically downsize the Department of Education that President Donald Trump ordered earlier this year.

In her scathing dissent, Justice Sonia Sotomayor wrote that “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.”

Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote that the president “must take care that the laws are faithfully executed, not set out to dismantle them.”

“That basic rule undergirds our Constitution’s separation of powers,” she wrote. “Yet today, the majority rewards clear defiance of that core principle with emergency relief.”

Just a day after the Supreme Court’s decision, House Speaker Mike Johnson told reporters at a Tuesday press conference that while he hasn’t had a chance to digest the Supreme Court’s order, he also knows that “since its creation, the Department of Education has been wielded by the executive branch.”

“I think that was the intent of Congress, as I understood it back then. We have a large say in that, but we’re going to coordinate that with the White House,” the Louisiana Republican said.

“If we see that the separation of powers is being breached in some way, we’ll act, but I haven’t seen that yet,” he added.

Letters from Democrats on frozen funds

Two letters from Senate and House Democrats demanding the administration release the $6.8 billion in federal funds for various education initiatives also depict the Education Department as a key part of the tussle between the executive branch and Congress.

Just a day ahead of the July 1 date when these funds are typically sent out as educators plan for the coming school year, the department informed states that it would be withholding funding for programs, including before- and after-school programs, migrant education, English-language learning and adult education and literacy, among other initiatives.

Thirty-two senators and 150 House Democrats wrote to Education Secretary Linda McMahon and Office of Management and Budget Director Russ Vought last week asking to immediately unfreeze those dollars they say are being withheld “illegally.”

“It is unacceptable that the administration is picking and choosing what parts of the appropriations law to follow, and you must immediately implement the entire law as Congress intended and as the oaths you swore require you to do,” the senators wrote in their letter.

The respective top Democrats on the Senate Appropriations Committee and its subcommittee overseeing Education Department funding, Sens. Patty Murray of Washington state and Tammy Baldwin of Wisconsin, led the letter, alongside Vermont independent Sen. Bernie Sanders, the ranking member of the Senate Committee on Health, Education, Labor and Pensions.

In the lower chamber, House Democrats wrote that “without these funds, schools are facing difficult and unnecessary decisions on programs for students and teachers.”

“No more excuses — follow the law and release the funding meant for our schools, teachers, and families,” they added.

Georgia’s Rep. Lucy McBath led the letter, along with the respective top Democrats on the House Committee on Education and Workforce, its subcommittee on early childhood, elementary and secondary education and its panel on higher education and workforce development: Reps. Bobby Scott of Virginia, Suzanne Bonamici of Oregon and Alma Adams of North Carolina.

Democratic attorneys general, governors file suit

Meanwhile, a coalition of 24 states and the District of Columbia sued the Trump administration on Monday over those withheld funds, again arguing that Congress has the power to direct funding.

The states suing include: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state and Wisconsin.

Pennsylvania Gov. Josh Shapiro and Kentucky Gov. Andy Beshear, both Democrats, also signed onto the suit filed in a Rhode Island federal court.

“Not only does Congress require that Defendants make funds available for obligation to the States, Congress, in conjunction with (Education Department) regulations, also directs the timing of when those funds should be made available,” the coalition wrote.

An analysis earlier in July by New America, a left-leaning think tank, found that the top five school districts with the greatest total funding risk per-pupil include those in at least two red states: Montana’s Cleveland Elementary School District, Kester Elementary School District and Grant Elementary School District, along with Oregon’s Yoncalla School District 32 and Texas’ Boles Independent School District.

The think tank notes that program finance data was not available for Massachusetts, New Hampshire, New York and Wisconsin.