Case: Association for Education Finance and Policy v. McMahon

1:25-cv-00999 | U.S. District Court for the District of District of Columbia

Filed Date: April 4, 2025

Case Ongoing

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Case Summary

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here. This case challenged the abrupt dismantling of the federal government's primary education research agency. On April 4, 2025, the Association for Education Finance and Policy, Inc. and the Institute for Higher Education Policy filed a lawsuit in the U.S. District Court for the District of Columbia. Represented by the Publ…

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here.

This case challenged the abrupt dismantling of the federal government's primary education research agency. On April 4, 2025, the Association for Education Finance and Policy, Inc. and the Institute for Higher Education Policy filed a lawsuit in the U.S. District Court for the District of Columbia. Represented by the Public Citizen Litigation Group, they sued the U.S. Department of Education (DOE) arguing that the Department was acting illegally by shutting down the Institute of Education Sciences (IES), an agency created by Congress.This case was assigned to Judge Trevor N. McFadden.

According to the complaint, Congress established IES in 2002 to conduct and share high-quality research, statistics, and evaluations related to education from early childhood through postsecondary study. The plaintiffs, organizations that rely on IES research for their work in education finance, policy, and higher education access, claimed that the DOE took several actions that effectively halted IES's operations: mass cancellation of contracts that supported IES research, elimination of approximately 90% of IES staff positions, and termination of remote access for outside researchers to existing data.

The plaintiffs brought five claims against these actions:

The plaintiffs asserted a non-statutory claim arguing that the defendants' actions were ultra vires, meaning they went beyond their legal powers and encroached upon the authority of Congress, which created IES.
They claimed that the defendants violated the Administrative Procedure Act (APA) by acting contrary to law, specifically the Education Sciences Reform Act of 2002 and the Higher Education Opportunity Act, which established IES and its responsibilities.
The plaintiffs argued that the defendants' actions were arbitrary and capricious under the APA because they offered no reasoned explanation and failed to consider the impact on researchers and other stakeholders who rely on IES.
They claimed a violation of the APA based on the Impoundment Control Act, alleging that the defendants unlawfully rescinded or deferred funds appropriated by Congress for IES.
Lastly, the plaintiffs asserted a violation of the APA based on the Anti-Deficiency Act, arguing that the defendants illegally refused to spend funds Congress had allocated to IES.

The plaintiffs asked the court to declare the defendants' actions unlawful and to issue orders to restore the terminated contracts, vacate the reduction in force of IES employees, and reverse the termination of remote access to restricted-use data. They also requested the court to prevent the defendants from taking any further actions that would hinder IES's ability to perform its legally required tasks and sought a temporary restraining order and preliminary injunction to immediately stop the shutdown of IES. Finally, they asked for their legal costs and attorney’s fees to be covered.

Subsequently, on April 17, 2025, the plaintiffs filed a Motion for a Preliminary Injunction, detailing the harm the plaintiffs and their members were already experiencing due to the lack of access to IES data and the cancellation of research programs.

On June 3, 2025, Judge McFadden denied the plaintiffs' motion for a preliminary injunction. 786 F.Supp.3d 13. The court found that the plaintiffs were "improperly bundling together a series of actions for wholesale correction rather than challenging one 'circumscribed [and] discrete' action." Instead of bringing a challenge to a discrete and final agency action, the plaintiffs brought a “challenge [to] an entire program by simply identifying specific allegedly-improper final agency actions within that program." The court also rejected the plaintiffs' constitutional claims, finding that they were simply repackaged APA claims to the "entire program," and similarly must fail. Therefore, the court found that the plaintiffs were not likely to succeed on the merits of their claims, which doomed their request for a preliminary injunction.

The plaintiffs filed an amended complaint on June 18. The amended complaint challenged the termination of eight specific programs run by the Department of Education: (1) the termination of the National Postsecondary Student Aid Study; (2) the termination of the 2020/25 Beginning Postsecondary Students Longitudinal Study; (3) the termination of the High School Longitudinal Study of 2009; (4) the termination of the High School and Beyond Longitudinal Study of 2022; (5) the termination of the Early Childhood Longitudinal Study-Kindergarten: 2024; (6) the termination of IES’s peer review program for new grant funding; (7) the termination of IES’s program for remote access to restricted-use data; and (8) the termination of processing applications for access to restricted-use data. The amended complaint added/removed factual allegations and causes of action under the APA to match the new focus of the complaint.

On July 2, 2025, the defendants filed a motion to dismiss, arguing that the court still lacked jurisdiction over the plaintiffs' claims under the Tucker Act, and that the plaintiffs still were making a programmatic challenge, rather than a challenge to a discrete, final agency action as required by the APA.

The plaintiffs filed a second amended complaint on July 16, 2025. The second amended complaint removed the challenges to two of the terminations mentioned in the first amended complaint: the National Postsecondary Student Aid Study and IES's program for remote access to restricted-use data. The amended complaint also added more concrete allegations detailing how the remaining terminations caused harm to the plaintiffs and emphasized that the plaintiffs were challenging the final agency action of terminating the programs. Given the second amended complaint, the court denied as moot the defendants' motion to dismiss and ordered them to file a renewed motion by August 19.

On August 19, 2025, the defendants moved to dismiss the plaintiffs’ second amended complaint. The defendants made three arguments: First, the plaintiffs lacked Article III standing because they failed to demonstrate informational, organizational, or associational standing. Second, the court lacked subject matter jurisdiction over the matter involving cancellation of government contracts under the Tucker Act. Third, the plaintiffs' claims failed under the APA because they did not challenge a discrete agency action, did not exhaust alternative remedies, and the challenged actions are committed to agency discretion.

The plaintiffs filed a memorandum in opposition to defendants’ motion to dismiss on September 18, 2025. The plaintiffs argued that they do have standing because “each Plaintiff and AEFP’s members have been injured by the specific unlawful agency actions they challenge, and those injuries can be redressed by this Court.” They also argued that this court has subject matter jurisdiction over the claims because none of the claims sound in contract, as required by the Tucker Act. On the merits, plaintiffs argued they “have adequately alleged that all of the challenged actions were arbitrary and capricious, and the terminations of the peer-review program and restricted-use data license processing were also contrary to law.”

This case is ongoing.

Summary Authors

Aanvi Jhaveri (4/22/2025)

Jeremiah Price (6/10/2025)

Madena Mustafa (9/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69843458/parties/association-for-education-finance-and-policy-inc-v-mcmahon/

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Early, Cormac A. (District of Columbia)

Gilbride, Karla A. (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

Oblea, Erika Kirstie (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Early, Cormac A. (District of Columbia)

Gilbride, Karla A. (District of Columbia)

Pulver, Adam R. (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

Oblea, Erika Kirstie (District of Columbia)

Truong, John Cuong (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-00999	Complaint for Declaratory and Injunctive Relief	April 4, 2025	April 4, 2025 Complaint
6 1:25-cv-00999	Plaintiff's Motion for a Preliminary Injunction	April 17, 2025	April 17, 2025 Pleading / Motion / Brief
6-2 1:25-cv-00999	Declaration of Abigail Doe	April 17, 2025	April 17, 2025 Declaration/Affidavit
25 1:25-cv-00999	Memorandum Opinion	June 3, 2025	June 3, 2025 Order/Opinion 786 F.Supp.3d 13
28 1:25-cv-00999	First Amended Complaint for Declaratory and Injunctive Relief	June 18, 2025	June 18, 2025 Complaint
32 1:25-cv-00999	Second Amended Complaint for Declaratory and Injunctive Relief	July 16, 2025	July 16, 2025 Complaint
33 1:25-cv-00999	Defendants' Motion to Dismiss and Motion for Relief from Local Rule 7(N)(1)'s Requirements and Memorandum in Support Thereof	Aug. 19, 2025	Aug. 19, 2025 Pleading / Motion / Brief
35 1:25-cv-00999	Memorandum in Opposition to Defendants' Motion to Dismiss and Motion for Relief from Local Rule 7(N)	Sept. 18, 2025	Sept. 18, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69843458/association-for-education-finance-and-policy-inc-v-mcmahon/

Last updated Sept. 11, 2026, 4:30 a.m.

Docket for: ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC. v. MCMAHON

ECF Number	Date	Description	Link
1	April 4, 2025	COMPLAINT against ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY ( Filing fee $ 405 receipt number ADCDC-11590164) filed by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons USAG, # 4 Summons ED, # 5 Summons McMahon)(Pulver, Adam) (Entered: 04/04/2025) 1 Civil Cover Sheet View on PACER 2 Summons USAO View on PACER 3 Summons USAG View on PACER 4 Summons ED View on PACER 5 Summons McMahon View on PACER	Clearinghouse
2	April 7, 2025	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC. (Pulver, Adam) (Entered: 04/07/2025)	RECAP
3	April 7, 2025	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INSTITUTE FOR HIGHER EDUCATION POLICY (Pulver, Adam) (Entered: 04/07/2025)	RECAP
	April 7, 2025	Case Assigned/Reassigned
	April 7, 2025	Case Assigned to Judge Trevor N. McFadden. (zsl)
4	April 9, 2025	SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 04/09/2025)	RECAP
5	April 9, 2025	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/9/2025. (lctnm3). (Entered: 04/09/2025)	RECAP
6	April 17, 2025	MOTION for Preliminary Injunction by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Abigail Doe, # 3 Declaration of Belinda Doe, # 4 Declaration of Brent Evans, # 5 Declaration of Cara Jackson, # 6 Declaration of Douglas Harris, # 7 Declaration of Erin Pollard Young, # 8 Declaration of Kevin Gee, # 9 Declaration of Kevin Stange, # 10 Declaration of Mary Voight, # 11 Declaration of Michal Kurlaender, # 12 Declaration of Thomas Weko, # 13 Text of Proposed Order)(Pulver, Adam) (Entered: 04/17/2025) 1 View on RECAP 2 View on RECAP 3 View on RECAP 4 View on RECAP 5 View on RECAP 6 View on RECAP 7 View on RECAP 8 View on RECAP 9 View on RECAP 10 View on RECAP 11 View on RECAP 12 View on RECAP 13 View on RECAP	Clearinghouse
7	April 18, 2025	NOTICE of Appearance by John Cuong Truong on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Truong, John) (Entered: 04/18/2025)	RECAP
	April 18, 2025	MINUTE ORDER: Defendants' opposition filing to Plaintiffs' 6 Motion for Preliminary Injunction is due on April 30, 2025. Plaintiffs' reply, if any, is due on May 6, 2025. The parties are further ORDERED to appear for an in-person Motion Hearing before Judge Trevor N. McFadden on May 9, 2025, at 10:00 AM in Courtroom 2. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/18/2025. (lctnm1)
	April 18, 2025	~Util - Set/Reset Deadlines/Hearings
8	April 22, 2025	NOTICE of Appearance by Karla A. Gilbride on behalf of All Plaintiffs (Gilbride, Karla) (Main Document 8 replaced on 4/23/2025) (mg). (Entered: 04/22/2025)	RECAP
9	April 24, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2025. (Pulver, Adam) (Entered: 04/24/2025)	RECAP
10	April 24, 2025	NOTICE OF SUBSTITUTION OF COUNSEL by Erika Kirstie Oblea on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION Substituting for attorney John Truong (Oblea, Erika) (Entered: 04/24/2025)	RECAP
11	April 28, 2025	NOTICE OF RELATED CASE by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. Case related to Case No. 25-1266. (Pulver, Adam) (Entered: 04/28/2025)	RECAP
12	April 29, 2025	NOTICE of Proposed Order - REVISED by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY re 6 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 - DC Circuit April 11 Order, # 2 Exhibit 2 - DC Circuit April 28 Order, # 3 Text of Proposed Order)(Pulver, Adam) (Entered: 04/29/2025) 1 Exhibit 1 - DC Circuit April 11 Order View on RECAP 2 Exhibit 2 - DC Circuit April 28 Order View on RECAP 3 Text of Proposed Order View on PACER	RECAP
13	April 30, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/16/2025. (Pulver, Adam) (Entered: 04/30/2025)	RECAP
14	April 30, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 4/15/2025 (Pulver, Adam) (Entered: 04/30/2025)	RECAP
15	April 30, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LINDA MCMAHON served on 4/15/2025 (Pulver, Adam) (Entered: 04/30/2025)	RECAP
16	April 30, 2025	Memorandum in opposition to re 6 MOTION for Preliminary Injunction filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 04/30/2025) 1 Text of Proposed Order View on PACER	RECAP
17	May 6, 2025	REPLY to opposition to motion re 6 Motion for Preliminary Injunction,, filed by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Pulver, Adam) (Entered: 05/06/2025)	RECAP
18	May 6, 2025	NOTICE of Appearance by Dimitar Georgiev-Remmel on behalf of All Defendants (Georgiev-Remmel, Dimitar) (Entered: 05/06/2025)	RECAP
	May 6, 2025	~Util - Set/Reset Hearings
	May 6, 2025	MINUTE ORDER: The Motion Hearing scheduled for May 9, 2025, at 10:00 AM in Courtroom 2 is hereby RESCHEDULED to May 16, 2025, at 9:30 AM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm1)
19	May 14, 2025	NOTICE OF SUPPLEMENTAL AUTHORITY by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY (Attachments: # 1 Exhibit A - Preliminary Injunction)(Pulver, Adam) (Entered: 05/14/2025) 1 Exhibit A - Preliminary Injunction View on PACER	RECAP
	May 16, 2025	Minute Entry for Motion Hearing held before Judge Trevor N. McFadden held on 5/16/2025. Oral arguments submitted on Plaintiffs' Motion 6 for Preliminary Injunction. Motion taken under advisement; forthcoming Order. (Court Reporter: Lisa Edwards) (lsj) Modified to correct hearing date on 5/19/2025 (lsj).
	May 16, 2025	Motion Hearing
	May 19, 2025	Motion Hearing
20	May 21, 2025	TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Trevor N. McFadden held on May 16, 2025; Page Numbers: 1-89. Date of Issuance: May 21, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/11/2025. Redacted Transcript Deadline set for 6/21/2025. Release of Transcript Restriction set for 8/19/2025.(Edwards, Lisa) (Entered: 05/21/2025)	RECAP
21	May 22, 2025	NOTICE OF SUPPLEMENTAL AUTHORITY by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY (Attachments: # 1 Exhibit New York v. McMahon slip op.)(Pulver, Adam) (Entered: 05/22/2025) 1 Exhibit New York v. McMahon slip op. View on PACER	RECAP
22	May 29, 2025	NOTICE OF SUPPLEMENTAL AUTHORITY by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY (Attachments: # 1 Exhibit 1 - May 22 DC Circuit Order, # 2 Exhibit 2 - May 28 DC Circuit Order (1), # 3 Exhibit 3 - May 28 DC Circuit Order (2))(Pulver, Adam) (Entered: 05/29/2025)	RECAP
23	May 29, 2025	NOTICE of Factual Developments Relevant to Pending Motion by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY (Attachments: # 1 Exhibit NCES May 28, 2025 Update)(Pulver, Adam) (Entered: 05/29/2025)	RECAP
24	June 2, 2025	Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/02/2025) 1 Text of Proposed Order View on PACER	RECAP
25	June 3, 2025	MEMORANDUM OPINION DENYING Plaintiffs' 6 Motion for Preliminary Injunction in Case No. 25-cv-999 and Plaintiffs' 14 Motion for Preliminary Injunction in Case No. 25-cv-1266. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 6/3/2025. (lctnm1) (Entered: 06/03/2025)	Clearinghouse
26	June 3, 2025	ORDER DENYING Plaintiffs' 6 Motion for Preliminary Injunction. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/3/2025. (lctnm1) (Entered: 06/03/2025)	RECAP
27	June 5, 2025	ERRATA by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION re 24 Motion for Extension of Time to File Answer. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/05/2025) 1 Text of Proposed Order View on PACER	RECAP
	June 5, 2025	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
	June 5, 2025	MINUTE ORDER: The Court GRANTS Defendants' 24 Consent Motion for Extension of time to File Answer. Defendants' response to the Complaint is now due June 24, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/5/2025. (lctnm1)
28	June 18, 2025	AMENDED COMPLAINT against LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION filed by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Exhibit Redline Version)(Pulver, Adam) (Entered: 06/18/2025) 1 Exhibit Redline Version View on PACER	Clearinghouse
29	July 2, 2025	MOTION to Dismiss, MOTION for Relief from Local Civil Rule 7(n)(1)'s Requirements by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/02/2025) 1 Text of Proposed Order View on PACER	RECAP
30	July 7, 2025	Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss MOTION for Relief from Local Civil Rule 7(n)(1)'s Requirements by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Text of Proposed Order)(Pulver, Adam) (Entered: 07/07/2025)	RECAP
	July 7, 2025	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	July 7, 2025	MINUTE ORDER: The Court GRANTS Plaintiffs' 30 Consent Motion for Extension of Time. The new deadline for Plaintiffs to respond to Defendants' 29 Motion to Dismiss is July 30, 2025. Defendants' reply, if any, is due August 20, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2025. (lctnm1)
31	July 14, 2025	Consent MOTION for Briefing Schedule by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Text of Proposed Order)(Pulver, Adam) (Entered: 07/14/2025)	RECAP
32	July 16, 2025	AMENDED COMPLAINT (SECOND) against LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION filed by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Exhibit Redlined Second Amended Complaint)(Pulver, Adam) (Entered: 07/16/2025) 1 View on RECAP	Clearinghouse
	July 16, 2025	Order on Motion for Briefing Schedule AND Set/Reset Deadlines
	July 16, 2025	Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss
	July 16, 2025	MINUTE ORDER: The Court GRANTS Plaintiffs' 31 Consent Motion for Briefing Schedule and sets the following deadlines. Defendants' Renewed Motion to Dismiss is due August 19, 2025. Plaintiffs' opposition is due September 18, 2025. Defendants' reply, if any, is due October 9, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/16/2025. (lctnm1)
	July 16, 2025	Order on Motion to Dismiss
	July 16, 2025	MINUTE ORDER: In light of Plaintiffs' 32 Second Amended Complaint, the Court DENIES AS MOOT Defendants' 29 Motion to Dismiss. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/16/2025. (lctnm1)
33	Aug. 19, 2025	MOTION to Dismiss, MOTION for Relief from Local Rule 7(n)(1)'s Requirements re 32 Amended Complaint, by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Oblea, Erika) (Entered: 08/19/2025) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Text of Proposed Order View on RECAP	RECAP
34	Sept. 18, 2025	NOTICE of Appearance by Cormac A. Early on behalf of All Plaintiffs (Early, Cormac) (Entered: 09/18/2025)	RECAP
35	Sept. 18, 2025	RESPONSE re 33 MOTION to Dismiss MOTION for Relief from Local Rule 7(n)(1)'s Requirements re 32 Amended Complaint, filed by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Daphna Bassok, # 3 Declaration of Kirsten Mumma, # 4 Declaration (Second) of Brent Evans, # 5 Declaration (Second) of Kevin Stange, # 6 Declaration (Second) of Mamie Voight, # 7 Declaration of Jordan Matsudaira)(Pulver, Adam) (Entered: 09/18/2025) 1 Text of Proposed Order View on PACER 2 Declaration of Daphna Bassok View on PACER 3 Declaration of Kirsten Mumma View on PACER 4 Declaration (Second) of Brent Evans View on PACER 5 Declaration (Second) of Kevin Stange View on PACER 6 Declaration (Second) of Mamie Voight View on PACER 7 Declaration of Jordan Matsudaira View on PACER	RECAP
36	Dec. 1, 2025	REPLY to opposition to motion re 33 Motion to Dismiss,, Motion for Miscellaneous Relief, filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Oblea, Erika) (Entered: 12/01/2025)	RECAP
37	Jan. 23, 2026	NOTICE REGARDING D.C. CIRCUIT ORDER by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Oblea, Erika) (Entered: 01/23/2026)	RECAP
38	Feb. 25, 2026	MEMORANDUM OPINION DENYING Defendants' 33 Motion to Dismiss in Case No. 25-cv-999 and Defendants' 32 Motion to Dismiss in Case No. 25-cv-1266. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/25/2025. (lctnm1)	RECAP
39	Feb. 25, 2026	ORDER DENYING Defendants' 33 Motion to Dismiss and GRANTING Defendants' 33 Motion for Relief from Local Rule 7(n)(1)s Requirements. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/25/2025. (lctnm1) (Entered: 02/25/2026)	RECAP
40	March 6, 2026	Unopposed MOTION to Stay Answer Deadline Pending Summary Judgment Briefing by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 03/06/2026) 1 Text of Proposed Order View on PACER	RECAP
	March 9, 2026	MINUTE ORDER. The 40 Unopposed MOTION to Stay Answer Deadline Pending Summary Judgment Briefing is GRANTED. The Defendants' obligation to file the Answer is stayed during summary judgment briefing. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/9/2026 (lctnm1).
	March 9, 2026	Order on Motion to Stay
41	March 18, 2026	Joint STATUS REPORT by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Early, Cormac) (Entered: 03/18/2026)	RECAP
	March 19, 2026	MINUTE ORDER. The Court is in receipt of 41 Joint Status Report. The Court imposes the following schedule for this matter. Defendants shall file a Certified Index of Administrative Record and serve the Administrative Record to Plaintiffs on or before April 30, 2026. Plaintiffs shall file a Motion for Summary Judgment on or before May 29, 2026. Defendants shall file their combined Cross Motion for Summary Judgment and Opposition on or before June 30, 2026. Plaintiffs shall file a combined Opposition and Reply on or before July 21, 2026. Defendants shall file their Reply on or before August 11, 2026. The parties shall file a Joint Appendix on or before August 25, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/19/2026 (lctnm1).
	March 19, 2026	.Order AND ~Util - Set/Reset Deadlines
42	April 21, 2026	NOTICE OF WITHDRAWAL OF APPEARANCE as to ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. Attorney Karla A. Gilbride terminated. (Gilbride, Karla) (Entered: 04/21/2026)	RECAP
43	April 30, 2026	NOTICE OF FILING LIST OF THE CONTENTS OF ADMINISTRATIVE RECORD by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Certified List of the Administrative Record, # 2 Certificate of Service)(Oblea, Erika) (Entered: 04/30/2026) 1 Certified List of the Administrative Record View on PACER 2 Certificate of Service View on PACER	RECAP
44	May 20, 2026	Joint MOTION to Modify Scheduling Order by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 05/20/2026)	RECAP
	May 21, 2026	MINUTE ORDER: The 44 Joint Motion to Modify is GRANTED. The deadlines previously imposed are modified as follows. Defendants shall serve the Administrative Record to Plaintiffs on or before June 2, 2026. Plaintiffs Motion for Summary Judgment is now due by June 26, 2026. Defendants' Cross Motion for Summary Judgment and Opposition is now due by July 28, 2026. Plaintiffs' combined Opposition and Reply is now due by August 18, 2026. Defendants' Reply is now due by September 8, 2026. The Joint Appendix is now due by September 22, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/21/2026 (lctnm1).
	May 21, 2026	Order on Motion to Modify AND Set/Reset Deadlines
45	June 2, 2026	NOTICE OF FILING LIST OF THE CONTENTS OF ADMINISTRATIVE RECORD by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Certified List of Contents of Administrative Record, # 2 Certificate of Service)(Oblea, Erika) (Entered: 06/02/2026) 1 Certified List of Contents of Administrative Record View on PACER 2 Certificate of Service View on PACER	RECAP
46	June 26, 2026	MOTION to supplement the administrative record by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Exhibit Deposition of Matthew Soldner, # 2 Exhibit Declaration of Martha Solt, # 3 Text of Proposed Order)(Early, Cormac) (Entered: 06/26/2026)	RECAP
47	June 26, 2026	MOTION for Summary Judgment by ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC., INSTITUTE FOR HIGHER EDUCATION POLICY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Rebecca Callahan, # 3 Exhibit Declaration of Matt S. Giani, # 4 Text of Proposed Order)(Early, Cormac) (Entered: 06/26/2026) 1 Memorandum in Support View on RECAP 2 Exhibit Declaration of Rebecca Callahan View on RECAP 3 Exhibit Declaration of Matt S. Giani View on RECAP 4 Text of Proposed Order View on RECAP	RECAP
48	July 1, 2026	Notice of Withdrawal of Appearance	RECAP
49	July 6, 2026	Notice of Appearance	RECAP
	July 7, 2026	.Order AND ~Util - Set/Reset Hearings
	July 9, 2026	.Order AND ~Util - Set/Reset Deadlines
	July 10, 2026	Telephone Conference
50	July 22, 2026	Extension of Time to	RECAP
	July 23, 2026	Order on Motion for Extension of Time to AND Set/Reset Deadlines
51	Aug. 4, 2026	Extension of Time to	RECAP
52	Aug. 4, 2026	Memorandum in opposition to motion	RECAP
	Aug. 5, 2026	Order on Motion for Extension of Time to
53	Aug. 11, 2026	Memorandum in opposition to motion	RECAP
54	Aug. 12, 2026	Summary Judgment	RECAP
55	Aug. 12, 2026	Memorandum in opposition to motion 1 Memorandum in Support View on PACER 2 Declaration View on PACER 3 Declaration View on PACER 4 Text of Proposed Order View on PACER	RECAP
56	Aug. 12, 2026	Extension of Time to	RECAP
	Aug. 12, 2026	Order on Motion for Extension of Time to
57	Sept. 1, 2026	Reply to opposition to motion	RECAP
58	Sept. 1, 2026	Reply to opposition to motion	RECAP
59	Sept. 1, 2026	Memorandum in opposition to motion 1 Text of Proposed Order View on PACER	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Association for Education Finance and Policy, Inc. and The Institute for Higher Education Policy

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Education

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Separation of Powers

Other Dockets:

District of District of Columbia 1:25-cv-00999

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Staff (number, training, qualifications, wages)

Presidential/Gubernatorial Authority:

Civil Service

Impoundment (mandatory spending)

Recommended Citation

Case Summary of Association for Education Finance and Policy v. McMahon, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46342/ (last updated 9/23/2025).

Case: Association for Education Finance and Policy v. McMahon

1:25-cv-00999 | U.S. District Court for the District of District of Columbia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Docket for: ASSOCIATION FOR EDUCATION FINANCE AND POLICY, INC. v. MCMAHON

Case Details