Case: American Federation of Teachers v. U.S. Department of Education

1:25-cv-00628 | U.S. District Court for the District of Maryland

Filed Date: Feb. 25, 2025

Case Ongoing

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Case Summary

This case challenged the Trump administration’s 2025 Title VI enforcement policies restricting race-related programming and speech in public education. On February 25, 2025, represented by Democracy Forward Foundation, the American Federation of Teachers (AFT), American Sociological Association (ASA), AFT–Maryland, and Eugene School District 4J filed this lawsuit in the U.S. District Court for the District of Maryland against the U.S. Department of Education, Secretary Linda McMahon, and Acting…

The case was assigned to Judge Stephanie A. Gallagher.

The plaintiffs alleged that the Department’s February 14, 2025 “Dear Colleague Letter” (DCL), its February 28 FAQ, and an April 3 “Certification” violated the Administrative Procedure Act (APA), the First and Fifth Amendments, and the Department of Education Organization Act. The challenged document, issued in response to the Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., reinterpreted Title VI to prohibit many forms of race-conscious educational activity, mandated new compliance certifications from states and school districts, and directed the removal of prior DEI-related guidance. Plaintiffs argued that the policies chilled lawful speech, threatened federal funding, and had been adopted without rulemaking or statutory authority.

On March 28 and April 9, the plaintiffs filed motions for a preliminary injunction (PI) and for a stay under APA § 705. They sought to block enforcement of the DCL and Certification, invalidate any signed certifications, and require the Department to reinstate prior guidance. The Department opposed both motions, arguing the documents were nonbinding interpretive guidance and that plaintiffs lacked standing. The court heard argument on April 18.

On April 24, Judge Stephanie A. Gallagher granted a partial stay under 5 U.S.C. § 705, holding that the February 14 DCL was likely a final agency action adopted without required notice and comment, and that it exceeded statutory authority by regulating curriculum and potentially chilled protected speech. The court stayed the DCL pending final resolution but denied broader relief. It declined to strike the Certification, finding it was not itself final agency action, and rejected demands to reinstate prior DEI guidance or remove the Department’s complaint portal. The court also ruled that only Eugene School District 4J had plausibly alleged standing.

On June 5, the plaintiffs moved for summary judgment (SJ) and sought a permanent, nationwide injunction. On July 1, the government moved to dismiss or for summary judgment, arguing again that plaintiffs lacked standing and that the challenged materials were lawful, nonbinding interpretive rules. Citing the Supreme Court’s decision in Trump v. CASA, Inc. (June 27, 2025), the government also argued that any relief must be limited to parties with standing and could not extend nationwide.

On August 2, 2025, the government filed its reply brief in support of its dispositive motion. It argued that:

-The plaintiffs still lacked standing, as District 4J was not a direct recipient of federal funds and the state of Oregon had refused to comply with the Certification.

-The DCL and Certification were nonbinding interpretive rules, not final agency actions, and thus not subject to APA challenge.

-The Department had acted within its statutory authority and consistent with Title VI, DEOA, and SFFA, merely clarifying existing obligations.

-The DCL was not vague or viewpoint-discriminatory, and concerns about chilled speech were speculative and attributable to third-party institutions, not federal coercion.

-The government also objected to plaintiffs’ proposed order, which sought sweeping declaratory and injunctive relief affecting all education agencies and federal civil rights enforcers. It contended that such relief would violate Article III limits and separation-of-powers principles.

On August 14, 2025, the court issued an order granting in part and denying in part plaintiffs' motion for summary judgment and, construing the defendant's July 1 filing as a motion for summary judgment, granting it in part and denying it in part.

It held as follows:

That every plaintiff had standing for every claim and as to each challenged document;
That both the Letter and the Certification Requirement were final agency actions subject to judicial review;
That the government failed to follow required notice-and-comment procedures as to both the Letter and the Certification requirement, in violation of the APA;
That the Certification Requirement failed to comply with the Paperwork Reduction Act, and was therefore procedurally defective and arbitrary and capricious;
That both the Letter and the Certification Requirement were arbitrary and capricious under the APA because they were issued without consideration or explanation of changes in position, and because they failed to account for facts, law, baseline conditions, or reliance interests;
That the Letter exceeded the authority delegated by Congress to the Department of Education because it exercised control over content of curriculum;
That the Letter’s provisions proscribing specific forms of classroom speech violated the First Amendment by regulating speech based on its content;
That the Certification did not violate the First Amendment because it was too vague to suppress speech at all, much less speech based on viewpoint or content, and it was not facially overbroad because it did not unambiguously punish protected speech;
That the Letter and the Certification Requirement wer unconstitutionally vague because they did not provide sufficient clarity on which DEI practices were impermissible and it was therefore impossible to determine what conduct would trigger the prohibitions and potentially severe sanctions, enabling arbitrary enforcement and chilling lawful and societally beneficial speech.

Accordingly, the court held the Letter and Certification Requirement unlawful and set them aside under 5 U.S.C. § 706. It granted the plaintiffs' motion for summary judgment as to Counts One (Letter - First Amendment), Two (Letter - Fifth Amendment), Three (Letter - APA), Five (Certification - Fifth Amendment), and Six (Certification - APA), and denied as to Count Four (Certification - First Amendment), as to which it granted the government's motion for summary judgment.

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Summary Authors

Sylvia Al-Mateen (4/23/2025)

Brian Chen (7/16/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69672728/parties/american-federation-of-teachers-v-us-department-of-education/

Judge(s)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Bookbinder, Andrew Liang (Maryland)

Attorney for Defendant

Arnold, Ariana Wright (Maryland)

Bethune, Tianna (Maryland)

Expert/Monitor/Master/Other

Connolly, J Michael (Maryland)

Judge(s)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Bookbinder, Andrew Liang (Maryland)

Gitomer, Madeline H (Maryland)

Homer, Rachel F. (Maryland)

Menschel, Brooke (Maryland)

Nugent, Victoria S (Maryland)

Schellenberg, Kali Jones (Maryland)

Attorney for Defendant

Arnold, Ariana Wright (Maryland)

Bethune, Tianna (Maryland)

Gayle, Charles R (Maryland)

Kambli, Abhishek (Maryland)

Micco, Megan Lynn (Maryland)

Expert/Monitor/Master/Other

Connolly, J Michael (Maryland)

Ginsberg, Zoe Michael (Maryland)

Kairey, Julius (Maryland)

McCarthy, Thomas R. (Maryland)

Norris, Cameron T. (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00628	Plaintiffs' Complaint for Declaratory and Injunctive Relief	Feb. 25, 2025	Feb. 25, 2025 Complaint
14 1:25-cv-00628	Plaintiffs' Complaint for Declaratory and Injunctive Relief	March 5, 2025	March 5, 2025 Complaint
16 1:25-cv-00628	Letter Order	March 6, 2025	March 6, 2025 Order/Opinion
18 1:25-cv-00628	Plaintiffs' Response to Order to Show Cause	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
21 1:25-cv-00628	Defendants' Position on Order to Show Cause	March 13, 2025	March 13, 2025 Pleading / Motion / Brief
23 1:25-cv-00628	Plaintiffs' Motion for Miscellaneous Relief	March 19, 2025	March 19, 2025 Pleading / Motion / Brief
29 1:25-cv-00628	Letter Order	March 24, 2025	March 24, 2025 Order/Opinion
31 1:25-cv-00628	Plaintiffs' Motion for Preliminary Injunction	March 28, 2025	March 28, 2025 Pleading / Motion / Brief
37 1:25-cv-00628	Plaintiffs' Motion for Preliminary Injunction and APA § 705 Stay of Certification	April 9, 2025	April 9, 2025 Pleading / Motion / Brief
41 1:25-cv-00628	Defendants' Memorandum of Law in Opposition to Plaintiffs' Motions for Preliminary Injunction	April 14, 2025	April 14, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
February 14, 2025 Dear Colleague Letter Craig Trainor	Letter published by the Department of Education under the second Trump administration, purporting to ban the teaching of history and other subjects that acknowledged systemic and structural racism, b…	Feb. 14, 2025	Feb. 14, 2025 https://www.ed.gov/...
Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act United States Department of Education Office for Civil Rights	This frequently asked questions document is intended to anticipate and answer questions that may be raised in response to the Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Stude…	February 14, 2025	Feb. 14, 2025 https://www.ed.gov/...
EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity President Donald Trump	Ordering all federal agencies and departments to terminate all DEIA (diversity, equity, inclusion, accessibility) policies and programs, and directing the Attorney General and Secretary of Education …	Jan. 21, 2025	Jan. 21, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69672728/american-federation-of-teachers-v-us-department-of-education/

Last updated Aug. 19, 2025, 9:06 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against DENISE L. CARTER, CRAIG TRAINOR, U.S. Department of Education ( Filing fee $ 405 receipt number AMDDC-11805487.), filed by American Federation of Teachers,American Federation of Teachers-Maryland, American Sociological Association. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Nugent, Victoria) (Entered: 02/25/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER	Feb. 25, 2025	Feb. 25, 2025 Clearinghouse
2	NOTICE of Appearance by Victoria S Nugent on behalf of American Federation of Teachers-Maryland, American Federation of Teachers, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
3	MOTION to Appear Pro Hac Vice for Andrew Bookbinder (Filing fee $100, receipt number AMDDC-11806581.) by American Federation of Teachers-Maryland, American Federation of Teachers, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
4	Summons Issued 60 days as to Denise L. Carter, Craig Trainor, U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(kb3s, Deputy Clerk) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
5	PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Andrew Liang Bookbinder. Directing attorney Andrew Liang Bookbinder to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/26/2025. (mh4s, Deputy Clerk) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
6	MOTION to Appear Pro Hac Vice for Rachel F. Homer (Filing fee $100, receipt number AMDDC-11807538.) by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
7	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Rachel F. Homer. Directing attorney Rachel F. Homer to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/26/2025. (mh4s, Deputy Clerk) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
8	Local Rule 103.3 Disclosure Statement by American Sociological Association (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
9	Local Rule 103.3 Disclosure Statement by American Federation of Teachers-Maryland (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
10	Local Rule 103.3 Disclosure Statement by American Federation of Teachers (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
11	SUMMONS Returned Executed as to USA by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association. Denise L. Carter served on 3/3/2025, answer due 5/2/2025; Craig Trainor served on 3/3/2025, answer due 5/2/2025; U.S. Department of Education served on 3/3/2025, answer due 5/2/2025.(Nugent, Victoria) Modified on 3/6/2025 (kb3s). (Entered: 03/04/2025)	March 4, 2025	March 4, 2025 PACER
12	AFFIDAVIT of Service for Complaint, Civil Cover Sheet, and Summonses served on Phil Selden, U.S. Attorney for the District of Maryland and Pam Bondi, Attorney General of the U.S. on 3/3/2025, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association.(Nugent, Victoria) (Entered: 03/04/2025)	March 4, 2025	March 4, 2025 RECAP
13	MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association (Attachments: # 1 Proposed Order)(Nugent, Victoria) (Entered: 03/05/2025) 1 Proposed Order View on PACER	March 5, 2025	March 5, 2025 PACER
14	AMENDED COMPLAINT against All Defendants, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Comparison Copy, # 2 Summons)(Nugent, Victoria) (Entered: 03/05/2025) 1 Comparison Copy View on RECAP 2 Summons View on PACER	March 5, 2025	March 5, 2025 Clearinghouse
15	Local Rule 103.3 Disclosure Statement by Eugene School District 4J (Nugent, Victoria) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 PACER
16	ORDER Advising Plaintiffs to SHOW CAUSE as to why this lawsuit should be heard inMaryland no later than one week from the date of this order. Signed by Judge Stephanie A. Gallagher on 3/5/2025. (kb3s, Deputy Clerk) (Entered: 03/06/2025)	March 6, 2025	March 6, 2025 Clearinghouse
17	Summons Issued 60 days as to Linda McMahon, U.S. Attorney and U.S. Attorney General(kb3s, Deputy Clerk) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 RECAP
18	RESPONSE re 16 Order to Show Cause filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J.(Nugent, Victoria) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 Clearinghouse
19	NOTICE of Appearance by Ariana Wright Arnold on behalf of Linda McMahon, Craig Trainor, U.S. Department of Education (Arnold, Ariana) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
20	MOTION to Appear Pro Hac Vice for Kali Schellenberg (Filing fee $100, receipt number AMDDC-11840859.) by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Nugent, Victoria) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
21	RESPONSE re 18 Response to Show Cause Issued March 5, 2025 (at ECF 16) filed by Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Exhibit 1 - MD SDAT Records)(Arnold, Ariana) (Entered: 03/13/2025) 1 Exhibit 1 - MD SDAT Records View on RECAP	March 13, 2025	March 13, 2025 Clearinghouse
22	PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Kali Jones Schellenberg. Directing attorney Kali Jones Schellenberg to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/17/2025. (mh4s, Deputy Clerk) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
23	MOTION for Miscellaneous Relief by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Nugent, Victoria) (Entered: 03/19/2025) 1 Text of Proposed Order View on RECAP	March 19, 2025	March 19, 2025 Clearinghouse
24	NOTICE of Appearance by Brooke Menschel on behalf of American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Menschel, Brooke) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 PACER
25	RESPONSE re 23 MOTION for Miscellaneous Relief filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP
26	PAPERLESS ORDER granting 13 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 3/20/2025. (bg3s, Deputy Clerk) (Entered: 03/20/2025)	March 20, 2025	March 20, 2025 PACER
27	ORDER permitting Plaintiffs to submit a response re: the propriety of venue in Maryland; directing that any reply should be filed no later than the close of business on 3/21/2025. Signed by Judge Stephanie A. Gallagher on 3/20/2025. (bg3s, Deputy Clerk) (Entered: 03/20/2025)	March 20, 2025	March 20, 2025 PACER
28	RESPONSE re 27 Order, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit, # 2 Exhibit)(Nugent, Victoria) (Entered: 03/21/2025)	March 21, 2025	March 21, 2025 PACER
29	ORDER denying 23 MOTION for Miscellaneous Relief. Signed by Judge Stephanie A. Gallagher on 3/24/2025. (kb3s, Deputy Clerk) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 Clearinghouse
30	Consent MOTION for Leave to File Excess Pages for Plaintiffs Memorandum in Support of Motion for a Preliminary Injunction by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Nugent, Victoria) (Entered: 03/28/2025) 1 Text of Proposed Order View on RECAP	March 28, 2025	March 28, 2025 RECAP
31	MOTION for Preliminary Injunction by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37)(Nugent, Victoria) (Entered: 03/28/2025) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER 3 Index of Exhibits View on PACER 4 Exhibit 1 View on PACER 5 Exhibit 2 View on PACER 6 Exhibit 3 View on PACER 7 Exhibit 4 View on RECAP 8 Exhibit 5 View on PACER 9 Exhibit 6 View on PACER 10 Exhibit 7 View on PACER 11 Exhibit 8 View on PACER 12 Exhibit 9 View on PACER 13 Exhibit 10 View on PACER 14 Exhibit 11 View on PACER 15 Exhibit 12 View on PACER 16 Exhibit 13 View on PACER 17 Exhibit 14 View on PACER 18 Exhibit 15 View on PACER 19 Exhibit 16 View on PACER 20 Exhibit 17 View on PACER 21 Exhibit 18 View on PACER 22 Exhibit 19 View on PACER 23 Exhibit 20 View on PACER 24 Exhibit 21 View on PACER 25 Exhibit 22 View on PACER 26 Exhibit 23 View on PACER 27 Exhibit 24 View on PACER 28 Exhibit 25 View on PACER 29 Exhibit 26 View on PACER 30 Exhibit 27 View on PACER 31 Exhibit 28 View on PACER 32 Exhibit 29 View on PACER 33 Exhibit 30 View on PACER 34 Exhibit 31 View on PACER 35 Exhibit 32 View on PACER 36 Exhibit 33 View on PACER 37 Exhibit 34 View on PACER 38 Exhibit 35 View on PACER 39 Exhibit 36 View on PACER 40 Exhibit 37 View on PACER	March 28, 2025	March 28, 2025 Clearinghouse
32	ORDER granting 30 Consent MOTION for Leave to File Excess Pages for Plaintiffs Memorandum in Support of Motion for a Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 4/1/2025. (kb3s, Deputy Clerk) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 RECAP
33	NOTICE of Appearance by Madeline H Gitomer on behalf of American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Gitomer, Madeline) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 PACER
34	(FILED IN ERROR PER COUNSEL) MOTION for Leave to File Amicus Brief by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Ginsberg, Zoe) Modified on 4/9/2025 (kb3s). (Entered: 04/04/2025)	April 4, 2025	April 4, 2025 PACER
35	MOTION for Leave to File Amicus Brief by American Civil Liberties Union of Maryland, PEN American Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Ginsberg, Zoe) (Entered: 04/04/2025) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	April 4, 2025	April 4, 2025 PACER
36	MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Gitomer, Madeline) (Entered: 04/09/2025)	April 9, 2025	April 9, 2025 PACER
37	MOTION for Preliminary Injunction of Certification by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Exhibit 44, # 11 Exhibit 45)(Gitomer, Madeline) (Entered: 04/09/2025) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on RECAP 3 Index of Exhibits View on RECAP 4 Exhibit 38 View on RECAP 5 Exhibit 39 View on RECAP 6 Exhibit 40 View on PACER 7 Exhibit 41 View on PACER 8 Exhibit 42 View on PACER 9 Exhibit 43 View on PACER 10 Exhibit 44 View on PACER 11 Exhibit 45 View on PACER	April 9, 2025	April 9, 2025 Clearinghouse
38	STATUS REPORT on Joint Proposed Schedule by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Gitomer, Madeline) (Entered: 04/10/2025)	April 10, 2025	April 10, 2025 PACER
39	ORDER Re: The Court will hold a hearing at 10am on Friday, April 18, 2025 in Courtroom 7C regarding pending preliminary injunction motions. Signed by Judge Stephanie A. Gallagher on 4/11/2025. (kb3s, Deputy Clerk) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
40	ORDER Advising that no person may possess or transport into thecourtroom any electronic devices, to include cellular telephones, cameras, recording devices of any type including "smart" watches and "smart" pens, "smart glasses" and/or computers, to include laptops and tablets, without the express permission of the presiding judge. Signed by Judge Stephanie A. Gallagher on 4/11/2025. (kb3s, Deputy Clerk) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
41	RESPONSE in Opposition re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 Clearinghouse
42	RESPONSE in Opposition re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification (CORRECTED to Include Proposed Order) filed by Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
43	Consent MOTION for Leave to File Excess Pages re ECF 42, Response in Opposition to Motions (at ECF 31, 37) for Preliminary Injunction by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
44	ORDER granting 43 Consent MOTION for Leave to File Excess Pages re ECF 42, Response in Opposition to Motions (at ECF 31, 37) for Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 4/14/2025. (kb3s, Deputy Clerk) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
45	MOTION for Leave to File Amicus Brief by Students for Fair Admissions (Attachments: # 1 Attachment Brief in Opposition, # 2 Attachment Proposed Order)(Norris, Cameron) (Entered: 04/14/2025) 1 Attachment Brief in Opposition View on RECAP 2 Attachment Proposed Order View on PACER	April 14, 2025	April 14, 2025 PACER
46	NOTICE of Appearance by Abhishek Kambli on behalf of All Defendants (Kambli, Abhishek) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
47	MOTION to Appear Pro Hac Vice for Julius Kairey (Filing fee $100, receipt number AMDDC-11914987.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
48	MOTION to Appear Pro Hac Vice for J. Michael Connolly (Filing fee $100, receipt number AMDDC-11915036.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
49	MOTION to Appear Pro Hac Vice for Thomas R. McCarthy (Filing fee $100, receipt number AMDDC-11915048.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
50	MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion)(Menschel, Brooke) (Entered: 04/17/2025)	April 17, 2025	April 17, 2025 PACER
51	REPLY to Response to Motion re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit 46, # 2 Exhibit 47, # 3 Exhibit 48, # 4 Exhibit 49, # 5 Exhibit 50)(Menschel, Brooke) (Entered: 04/17/2025) 1 Exhibit 46 View on PACER 2 Exhibit 47 View on PACER 3 Exhibit 48 View on PACER 4 Exhibit 49 View on PACER 5 Exhibit 50 View on PACER	April 17, 2025	April 17, 2025 RECAP
52	ORDER granting 50 Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 4/17/2025. (kb3s, Deputy Clerk) (Entered: 04/17/2025)	April 17, 2025	April 17, 2025 PACER
53	PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of Julius Kairey. Directing attorney Julius Kairey to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)	April 17, 2025	April 17, 2025 PACER
54	PAPERLESS ORDER granting 48 Motion to Appear Pro Hac Vice on behalf of J Michael Connolly. Directing attorney J Michael Connolly to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)	April 17, 2025	April 17, 2025 PACER
55	PAPERLESS ORDER granting 49 Motion to Appear Pro Hac Vice on behalf of Thomas R. McCarthy. Directing attorney Thomas R. McCarthy to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)	April 17, 2025	April 17, 2025 PACER
56	Motions Hearing held on 4/18/2025 re 31 MOTION for Preliminary Injunction filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J before Judge Stephanie A. Gallagher. (Court Reporter: Patricia "Trish" Mitchell) (Rebecca Maldeis, Deputy Clerk - Courtroom 7C) (Entered: 04/18/2025)	April 18, 2025	April 18, 2025 PACER
57	RESPONSE in Support re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit 1)(Menschel, Brooke) (Entered: 04/20/2025)	April 20, 2025	April 20, 2025 PACER
58	RESPONSE re 56 Motion Hearing,, Response to Questions Posed by the Court filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 04/21/2025)	April 21, 2025	April 21, 2025 Clearinghouse
59	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/18/2025, before Judge Stephanie A. Gallagher. Court Reporter Patricia G. Mitchell, 410-962-3858, trish_mitchell@mdd.uscourts.gov. Total number of pages filed: 169. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 5/13/2025. Redacted Transcript Deadline set for 5/23/2025. Release of Transcript Restriction set for 7/21/2025. (Entered: 04/22/2025)	April 22, 2025	April 22, 2025 PACER
60	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 4/24/2025. (kns, Deputy Clerk) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 Clearinghouse
61	ORDER denying 37 Certification Motion; granting in part and denying in part 31 Letter Motion; staying the Dear Colleague Letter of February 14, 2025 and granting 35 & 45 Motions for Leave to File amicus briefs; the parties shall jointly propose a briefing schedule for summary judgment no later than Thursday, May 1. Signed by Judge Stephanie A. Gallagher on 4/24/2025. (kns, Deputy Clerk) (Additional attachment(s) added on 4/24/2025: # 1 CORRECTED Main Document) (kns). (Entered: 04/24/2025) 1 CORRECTED Main Document View on RECAP	April 24, 2025	April 24, 2025 PACER
62	STATUS REPORT Joint Briefing Schedule by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Menschel, Brooke) (Entered: 05/01/2025)	May 1, 2025	May 1, 2025 RECAP
63	MARGINAL ORDER Granting 62 STATUS REPORT Joint Briefing Schedule filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J. Signed by Judge Stephanie A. Gallagher on 5/2/2025. (kb3s, Deputy Clerk) (Entered: 05/02/2025)	May 2, 2025	May 2, 2025 RECAP
64	Consent MOTION for Leave to File Second Amended Complaint by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Exhibit 1 (Second Amended Complaint), # 2 Exhibit 2 (Redline), # 3 Text of Proposed Order)(Schellenberg, Kali) (Entered: 05/06/2025)	May 6, 2025	May 6, 2025 PACER
65	NOTICE of Appearance by Charles R Gayle on behalf of All Defendants (Gayle, Charles) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
66	MOTION for Summary Judgment by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit Nos. 1-26, # 5 Exhibit Nos. 27-50, # 6 Exhibit 51, # 7 Exhibit 52, # 8 Exhibit 53, # 9 Exhibit 54, # 10 Exhibit 55, # 11 Exhibit 56, # 12 Exhibit 57, # 13 Exhibit 58, # 14 Exhibit 59)(Schellenberg, Kali) (Entered: 06/05/2025) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER 3 Index of Exhibits View on PACER 4 Exhibit Nos. 1-26 View on PACER 5 Exhibit Nos. 27-50 View on PACER 6 Exhibit 51 View on PACER 7 Exhibit 52 View on PACER 8 Exhibit 53 View on PACER 9 Exhibit 54 View on PACER 10 Exhibit 55 View on PACER 11 Exhibit 56 View on PACER 12 Exhibit 57 View on PACER 13 Exhibit 58 View on PACER 14 Exhibit 59 View on PACER	June 5, 2025	June 5, 2025 RECAP
67	Consent MOTION for Extension of Time and to modify page limits by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 06/26/2025) 1 Text of Proposed Order View on PACER	June 26, 2025	June 26, 2025 PACER
68	Consent MOTION for Extension of Time by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Micco, Megan) (Entered: 06/28/2025) 1 Text of Proposed Order View on PACER	June 28, 2025	June 28, 2025 PACER
69	ORDER granting 68 Consent MOTION for Extension of Time. Signed by Judge Stephanie A. Gallagher on 6/30/2025. (kb3s, Deputy Clerk) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 RECAP
70	ORDER granting 67 Consent MOTION for Extension of Time and to modify page limits. Signed by Judge Stephanie A. Gallagher on 6/30/2025. (kb3s, Deputy Clerk) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 PACER
71	Consent MOTION for Extension of Time to File Response/Reply as to 69 Order on Motion for Extension of Time by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Bethune, Tianna) (Entered: 06/30/2025) 1 Text of Proposed Order View on PACER	June 30, 2025	June 30, 2025 RECAP
72	MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gayle, Charles) (Entered: 07/01/2025) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	July 1, 2025	July 1, 2025 PACER
73	ORDER Directing parties to provide revised briefing replacing all record citations with ECF docket numbers. Signed by Judge Stephanie A. Gallagher on 7/16/2025. (kb3s, Deputy Clerk) (Entered: 07/16/2025)	July 16, 2025	July 16, 2025 PACER
74	PAPERLESS ORDER granting 64 Plaintiffs Motion for Leave to File Second Amended Complaint. Signed by Judge Stephanie A. Gallagher on 7/17/2025. (jmhs, Chambers) (Entered: 07/17/2025)	July 17, 2025	July 17, 2025 PACER
75	PAPERLESS ORDER granting 71 Consent Motion to Modify Briefing Schedule. Signed by Judge Stephanie A. Gallagher on 7/17/2025. (jmhs, Chambers) (Entered: 07/17/2025)	July 17, 2025	July 17, 2025 PACER
76	SECOND AMENDED COMPLAINT against Linda McMahon, Craig Trainor, U.S. Department of Education, filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J. (Attachments: # 1 Redline Version)(kb3s, Deputy Clerk) (Entered: 07/18/2025) 1 Redline Version View on RECAP	July 17, 2025	July 17, 2025 Clearinghouse
77	RESPONSE to Motion re 66 MOTION for Summary Judgment, 72 MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J.(Gitomer, Madeline) (Entered: 07/18/2025)	July 18, 2025	July 18, 2025 RECAP
79	NOTICE by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J re 66 MOTION for Summary Judgment Revised Proposed Order (Gitomer, Madeline) (Entered: 07/23/2025)	July 23, 2025	July 23, 2025 PACER
78	Memorandum re 66 MOTION for Summary Judgment Revised per ECF 73 filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Revised Index of Exhibits)(Gitomer, Madeline) (Entered: 07/23/2025) 1 Revised Index of Exhibits View on PACER	July 23, 2025	July 23, 2025 Clearinghouse
81	PAPERLESS ORDER granting ECF 80, consent motion for an extension of time. This Court will not entertain further requests for extensions as to the government's response/reply. Signed by Judge Stephanie A. Gallagher on 7/30/2025. (kb3s, Deputy Clerk) (Entered: 07/30/2025)	July 30, 2025	July 30, 2025 PACER
80	MOTION for Extension of Time to File Response/Reply as to 75 Order on Motion for Extension of Time to File Response/Reply by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Gayle, Charles) (Entered: 07/30/2025)	July 30, 2025	July 30, 2025 PACER
82	REPLY to Response to Motion re 72 MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 08/02/2025)	Aug. 2, 2025	Aug. 2, 2025 RECAP
83	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 8/14/2025. (kb3s, Deputy Clerk)	Aug. 14, 2025	Aug. 14, 2025 RECAP
84	ORDER OF JUDGMENT granting in part and denying in part 66 Motion for Summary Judgment; granting in part and denying in part 72 Motion to Dismiss for Failure to State a Claim; Judgment is entered for Plaintiffs on Counts One, Two, Three, Five, and Six; Judgment is entered for the government on Count Four. Signed by Judge Stephanie A. Gallagher on 8/14/2025. (kb3s, Deputy Clerk) (Entered: 08/14/2025)	Aug. 14, 2025	Aug. 14, 2025 RECAP

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Case Details

State / Territory: Maryland

Case Type(s):

Education

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Diversity/Equity/Inclusion/Accessibility (DEIA) and/or Antisemitism)

Key Dates

Filing Date: Feb. 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Federation of Teachers, the American Sociological Association, the American Federation of Teachers-Maryland, and the Eugene School District.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (- United States (national) -), Federal

Office of Civil Rights (- United States (national) -), Federal