175+ Democrats supporting NAACP suit against dismantling Department of Education

More than 175 Democratic members of Congress are filing an amicus brief on Thursday opposing the Trump administration's overhaul of the U.S. Department of Education.

“The law couldn't be clearer: the president does not have the authority to unilaterally abolish the Department of Education,” Sen. Elizabeth Warren wrote in a statement first obtained by ABC News, adding, “Donald Trump is not a king, and he cannot single-handedly cut off access to education for students across this country.”

Warren and ranking committee members Jamie Raskin on Judiciary, Bobby Scott on Education, and Rosa DeLauro on Appropriations lead the 15-page legal document. They’re joined by Senate Minority Leader Chuck Schumer, more than 20 Senate Democrats, and more than 150 other members of the House Democratic caucus.

The lawmakers’ brief attempting to block the administration from abolishing the Department of Education is in support of the NAACP's suit against the government this past spring. In March, that case argued that downsizing the department through a workforce reduction that slashed nearly half the agency’s staff -- among other measures like terminating statutory grant programs -- violates the separation of powers and lacks constitutional authority.

The NAACP, the National Education Association (NEA), and a coalition of groups filed a preliminary injunction with the U.S. District Court in the District of Maryland this week, arguing the judge’s consideration of this case is needed after the administration’s recent decision to pause more than $6 billion in congressionally appropriated education programs ahead of the school year.

“The motion seeks a remedy for the serious harm that the Trump Administration has inflicted on students, educators, schools, and colleges and universities, and asks the Court to direct the Department to fulfill its statutory obligations to students nationwide,” according to a statement released by the NEA, which represents more than 3 million educators.

Raskin condemned the administration’s efforts to curb public education, contending President Donald Trump and Education Secretary Linda McMahon can’t abolish the agency without congressional approval.

“Congress created the Department of Education to ensure that every student in America could obtain a high-quality, free public school education,” Raskin wrote in a statement. “This is the right of every citizen and an essential democratic safeguard against political tyranny,” he said.

“No president has the authority to dismantle a federal agency created by law. We're going to court to defend not only congressional power but the department’s national educational mission, itself a pillar of American democracy,” Raskin added.

The power to reorganize the executive branch belongs to Congress and is underscored by the fact that when presidents have reorganized the executive branch, they have done so “through legislation and subject to appropriate restraints,” according to the brief by the lawmakers.

Their brief argues that only Congress has the authority to create, restructure, and abolish federal agencies, it has to be done through legislation, and the Department of Education can’t be unilaterally abolished because it’s statutorily mandated.

Rep. Joe Neguse, D-Colorado, told ABC News closing the department would strip “vital support” from tens of millions of students and teachers.

“I’m proud to stand with my colleagues in the House and Senate to uphold Congress’ responsibility to ensure every student has access to a quality education and to defend the essential work of the Department of Education,” Neguse said.

Efforts to dismantle the department have been blocked by lower courts this spring. The Supreme Court is expected to weigh in on a Massachusetts case that could decide whether the firing of nearly 2,000 employees at the agency stands. McMahon has stressed the critical functions of the department remain and that services like students with disabilities, for example, could ultimately be moved to other agencies.

The brief is part of Warren’s larger Save Our Schools campaign that she started after Trump signed an executive order to diminish the Department of Education.

"The federal government has invested in our public schools," Warren told ABC News in April. "Taking that away from our kids so that a handful of billionaires can be even richer is just plain ugly, and I will fight it with everything I've got."

The senator has previously requested the agency's Office of Inspector General review the Department of Government Efficiency's alleged "infiltration" of the agency's internal federal student loan database. Prior to the Save Our Schools campaign, she investigated the firing of federal student aid employees and how a reduction in staff at the agency could have "dire consequences" for borrowers.

The brief also comes after Raskin and several other House Democrats met with McMahon about the future of the agency. That meeting appeared to leave many with unanswered questions, like Rep. Frederica Wilson, a senior member of the House Education and Workforce Committee, who also signed on to the amicus brief.

"For the Department of Education to be dismantled, it is going to bring a shock to this nation," said Wilson, a former principal and lifelong educator. "Schools are the bedrock of this nation. When schools are working, our country is, too."