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Unilateral Executive Power Versus Education's Future

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Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

This document presents a dissenting opinion from Justice Sotomayor, joined by Justices Kagan and Jackson, regarding the Supreme Court's decision to grant a stay in the case of Linda McMahon, Secretary of Education, et al. v. New York, et al.The core of the dissent is a strong objection to the Executive Branch's unilateral efforts to dismantle the Department of Education through actions like mass terminations of staff and a subsequent Executive Order. Justice Sotomayor argues that only Congress has the authority to abolish a Cabinet-level agency and that the Executive's actions violate the separation of powers and the Take Care Clause of the Constitution. The opinion highlights the critical functions the Department of Education performs, such as administering student aid and enforcing civil rights laws, and details the harms already experienced or anticipated by states and educational institutions due to the Department's reduction in force, concluding that the majority's decision is an unjustified intervention that rewards executive overreach.

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23 episodes

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Manage episode 494880920 series 3675085
Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

This document presents a dissenting opinion from Justice Sotomayor, joined by Justices Kagan and Jackson, regarding the Supreme Court's decision to grant a stay in the case of Linda McMahon, Secretary of Education, et al. v. New York, et al.The core of the dissent is a strong objection to the Executive Branch's unilateral efforts to dismantle the Department of Education through actions like mass terminations of staff and a subsequent Executive Order. Justice Sotomayor argues that only Congress has the authority to abolish a Cabinet-level agency and that the Executive's actions violate the separation of powers and the Take Care Clause of the Constitution. The opinion highlights the critical functions the Department of Education performs, such as administering student aid and enforcing civil rights laws, and details the harms already experienced or anticipated by states and educational institutions due to the Department's reduction in force, concluding that the majority's decision is an unjustified intervention that rewards executive overreach.

  continue reading

23 episodes

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