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The Trump administration asked the Supreme Court Wednesday to block a lower court order directing the reinstatement of diversity, equity and inclusion (DEI) related education grants.
Biden-appointed U.S. District Judge Myong Joun issued an order March 10 blocking the Department of Education’s (DOE) effort to cancel millions in grants for DEI teacher training programs, which the administration argues is “impeding the Executive Branch’s constitutional functions.”
“The Administration made a judgment to terminate diversity, equity, and inclusion (DEI)-related grants,” Acting Solicitor General Sarah Harris wrote in the application. “Yet the district court’s order is enabling many of those grantees to request payments on their grants, which grantees now have an incentive to do quickly.”
The application argues the case is “an ideal candidate” for the justices to “put a swift end to federal district courts’ unconstitutional reign as self-appointed managers of Executive Branch funding and grant-disbursement decisions.”
“So long as there is no prompt appellate review of these orders, there is no end in sight for district-court fiscal micromanagement,” the application continues. “Only this Court can right the ship—and the time to do so is now.
The justices requested a response to the application by Friday at 4 p.m.
Over objections from four justices, the majority declined in early March to block a district court order forcing the payout of nearly $2 billion in frozen foreign aid funds.
Several requests to rein in lower court orders the administration considers an overreach of judicial authority are now pending before the Supreme Court.
The Trump administration asked on Monday to block an order forcing it to reinstate thousands of fired federal workers. It asked the justices on March 13 to limit lower court orders against Trump’s birthright citizenship ban.
Republican members of Congress, including Missouri Sen. Josh Hawley and California Rep. Darrell Issa, have introduced legislation that would limit the use of nationwide injunctions, which allow district court judges to block policies across the country.
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