First Circuit denies stay of DOE injunction

The First Circuit Court of Appeals has denied a request to stay a preliminary injunction issued by the federal District Court in Massachusetts challenging a reduction in force of the U.S. Department of Education.  Twenty-one states, two school districts and five labor unions sued to stop the action for violation of constitutional separation of powers and the Administrative Procedures Act.

The Court of Appeals found that the Department was not likely to succeed on the merits of its appeal based on standing, on APA violations, on lack of authority to reinstate employees, or on an argument that the injunction was unnecessarily overbroad. It found that while there was some risk of irreparable injury to the Department, the stay would substantially injure the plaintiffs and would not serve the public interest.  (Somerville Public Schools v. McMahon, First Cir. Ct. of Apps., No. 25-1495, 6/4/25.

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