“the maximum extent appropriate and permitted by law"

 You know those websites that exist to answer a single question? "Is it Christmas?" is a classic; there was (is?) "Is Henry Kissinger Dead?" for another. I've wondered for the past week or so if someone should grab "Is there a U.S. Department of Education?" given the state of the news.

The answer (as of this blog post) is: 

YES

Trump, of course, among his myriad promises during the campaign, promised that the United States Department of Education would end under his presidency. It was, however, not among his early actions. Among the DOGE swathe of thoughtless destruction was a swathe of the Institute of Education Sciences, which as ProPublica wrote: 

The institute maintains a massive database of education statistics and contracts with scientists and education companies to compile and make data public about schools each year, such as information about school crime and safety and high school science course completion...The vast trove of data represents much of what we know about the state of America’s roughly 130,000 schools, and without a national repository of data and statistics, it will be harder for parents and educators to track schools or compare the achievement of students across states.

They further note that there has been a federal education statistics agency since 1867 (which yes, is just post-Civil War, and that isn't a coincidence). 

After promising that it would not be impacted, the administration also cancelled the spring NAEP test of 17-year-olds. NAEP, termed "the nation's report card," is the only assessment that provides for comparisons across states, and the test of 17-year-olds is the closest thing we have an assessment of how we're doing by high school with students across the country. 

Last Monday, the evening that Secretary of Education McMahon was sworn in, a draft executive order was leaked to the Wall Street Journal. which would have directed her to “take all necessary steps to facilitate the closure of the Education Department.” In other words, this was the dreaded "close the Department" order.

Or was it?

Note a couple of interesting things here: 

1. We're a week out from this leak, and so far, no executive order. 
2. The draft executive order that leaked wouldn't have even claimed to have closed the Department.

On the first, ABC News reported that the executive order was pulled out of concern over backlash. That itself is interesting, as I don't know that the backlash was greater then than it had been before.

On the second, the directive was not "close the Department" but "facilitate the closure" and not just that BUT, in this administration which faces new lawsuits every single day, to "the maximum extent appropriate and permitted by law."

You can insert your own quip about this administration noting that the law puts lines around what is allowed.

It is in this context that we should view this evening's announcement that half of the Department has been laid off. As The Hill reports this evening: 

The Education Department started out President Trump’s second term with more than 4,000 employees, but even before Tuesday, hundreds had already been put on leave or had taken a buyout offer.  

After this reduction, there will be 2,183 employees left with the department, which Trump has repeatedly called to shutter completely.

The senior official said the reduction in employees will not impact student aid, Free Application for Federal Student Aid forms, formula funding to states, operations for students with disabilities, civil rights investigations or any statute mandated obligations from Congress.  

Bluntly, it is difficult to see how this would be possible with half the staff gone, and, given the bludgeon this administration has wielded when it comes to cuts, I have to say that I doubt it.  

Is this "permitted by law"? Much like other things, we can expect the courts to weigh in: 

 “I expect that any actions to shutter the agency or to dismantle it will be challenged in the courts, and those challenges will prevail,” said Julie Margetta Morgan, a former deputy under secretary of Education during the Biden administration. “I think the other thing to think about here is that the decision to dismantle the Department of Education is incredibly unpopular, and people need to continue to voice their concerns about that and their displeasure with the Trump administration’s efforts and to hold policymakers accountable.”

Thus, add it to tomorrow's calls.