On July 18, Landmark filed a brief in federal district court in National Education Association v. Department of Education, defending the Trump administration’s efforts to rid our schools of DEI programs.
Landmark’s longtime adversary, the National Education Association (NEA), filed a lawsuit against the Department of Education in response to a Dear Colleague Letter issued on February 14th. This letter reminded educators and educational institutions that racial discrimination is illegal under federal law. Additionally, the letter advised these groups to ensure their policies are consistent with the law, cease using proxy methods of discrimination, and stop relying on third parties to circumvent it. The letter was not a final regulation and carried no force of law.
Nonetheless, the NEA filed a lawsuit, and a federal judge issued a nationwide injunction blocking implementation of the letter. Now, the NEA wants the court to formally vacate the letter.
This injunction is yet another example of an ideologically driven judge overstepping constitutional bounds to block Trump administration policies they oppose. We are arguing that the Dear Colleague Letter was within the Secretary of Education’s authority and that the court had no basis to strike it down.
Our brief highlights a broader point about judicial authority: federal judges are empowered to resolve disputes between parties, not to issue sweeping nationwide orders affecting everyone. This issue recently came before the Supreme Court in CASA v. Trump, and their ruling provided essential clarification on the scope of judicial authority.