Somerville, Easthampton, and all the rest have indeed updated their lawsuit in light of the moving of powers of the U.S. Department of Education out of that office. From the New York Times coverage:
The education coalition argues in its lawsuit that the annual appropriations law approved by Congress requires the Education Department to carry out its programs and that Ms. McMahon lacks the authority to shift these functions to other federal agencies.
“The information and actions coming out of the Department have been unpredictable, chaotic, and unprofessional,” the education coalition said in the lawsuit. “This experience is unprecedented in administration changes.”
The press release from Democracy Forward can be found here.
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