MSCHE Statement on Supreme Court Decision Regarding Department of Education Layoffs

July 16, 2025

On July 14, 2025, the Supreme Court of the United States (SCOTUS) decided in McMahon v. New York that the Trump administration may proceed with laying off nearly half of workers in the United States Department of Education (USDE). The decision blocked a lower Massachusetts district court’s May 22, 2025, order reinstating the laid off employees. A dissenting opinion was issued by Justice Sotomayor and joined by Justices Kagan and Jackson.

The SCOTUS decision, while limited to the layoffs outlined in a March 11, 2025, Department press release, may pave the way for additional steps towards the implementation of the March 20, 2025, Executive Order (EO) directing the closure of the USDE. The EO declared that the closure of USDE would “drastically improve program implementation in higher education.”

The Middle States Commission on Higher Education (MSCHE) recognizes the challenges inherent in the current legal and regulatory environment. We remain dedicated partners within the regulatory triad, which includes an effective working relationship and collaboration with the USDE and state authorities. The Commission continues to be committed to ensuring educational quality for students without disruption, and we look forward to the complete analysis of USDE’s activities and any proposed staffing plan that not only reduces bureaucracy but also results in the strengthening of the higher education community, particularly for students.

Congressional authority is still required to abolish the USDE. For that reason, constituents are encouraged to outreach to their elected representatives.