Hagens Berman filed an amici brief in State of New York v. McMahon on behalf of 192 members of Congress who opposed the Trump administration’s recent efforts to dismantle the Department of Education. The firm continues pro bono efforts to support justice and the rule of law.
WHAT’S THE ISSUE?
Hagens Berman has amassed a pro bono task force among its top attorneys to combat the blatantly illegal and dangerous acts undertaken by the Trump administration. Specific instances of abuse of power include the Trump administration’s wrongful dismantling of the Department of Education, after which the firm filed an amici brief in State of New York v. McMahon on behalf of 192 members of Congress who opposed Trump’s actions.
HB’S TRUMP TASK FORCE
The firm’s amici brief highlights how “[t]he Trump administration’s recent actions targeting the Department for closure—including terminating nearly half of the agency’s workforce and threatening to spin off the Department’s mandatory responsibilities to other federal agencies—blatantly disregard Congress’s express legislative directives,” in violation of the U.S. Constitution’s separation of powers. Citing several examples from around the country, the brief also shows how the Trump administration’s actions have, “impede[d] the Department’s ability to carry out its congressionally mandated missions” to the detriment of thousands, if not millions, of students and families across the United States.
“Defying Congress’s clear mandate, President Trump and other Defendants have begun dismantling the Department part by part—not through legislation, but through executive fiat. This, they cannot do,” the brief states.
VICTORY VS TYRANNY
In May 2025, the firm saw a victory in the battle against the Trump administration’s abuses of power: Judge Myong J. Joun for the U.S. District Court for the District of Massachusetts granted a preliminary injunction in State of New York v. McMahon, halting the Trump administration’s efforts to close the Department of Education.
“By ‘eliminating the staff required to meet Congress’s requirements,’ Consolidated Plaintiffs argue that the Executive Branch is unlawfully abolishing the Department and its statutorily mandated components. [Doc. No. 70 at 38]. Amici members of Congress state that, ‘Defendants’ actions violate the Constitution’s separation of powers under which Congress holds the sole power to make laws and the Executive faithfully executes those laws.’ [Doc. No. 106-1 at 8, citing U.S. Const. art. I; id. art. II, § 3),” the order states. “I find that Consolidated Plaintiffs are likely to succeed in showing that Defendants are effectively disabling the Department from carrying out its statutory duties by firing half of its staff, transferring key programs out of the Department, and eliminating entire offices and programs.”
WORKING ALONGSIDE CONGRESS
Hagens Berman is dedicated to representing members of the U.S. House of Representatives by submitting amicus briefs in support of plaintiffs in cases challenging the Trump administration’s wrongful dismantling of the Department of Education, as well as cuts to USAID and NIH grants. The firm’s pro bono team also works in collaboration with congressional staff, subject matter experts, and several nonprofit groups in the education space, and we remain ready and vigilant to continue efforts in this space.
TRUMP PRO BONO TASK FORCE
In March 2025, Hagens Berman joined the effort to stop the blatantly illegal and dangerous acts undertaken by the Trump administration. Despite the threat of making the firm a target, after due deliberation and consideration of all views, the firm committed the efforts of several of its attorneys from across the country to vigilantly defend the rights of the public under the Constitution through the law. Our firm remains steadfastly dedicated to justice and continues to pursue pro bono opportunities to combat the Trump administration’s unlawful acts. Read more about the firm’s pro bono task force to support the rule of law »
