Case: Southern Education Foundation v. U.S. Department of Education

1:25-cv-01079 | U.S. District Court for the District of District of Columbia

Filed Date: April 9, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2022, the Southern Education Foundation (SEF) was awarded a five-year, discretionary grant by the Department of Education (ED) to operate the Equity Assistance Center-South (EAC-South). This grant was terminated abruptly by President Trump’s Executive Order 14173, which directed the ED to terminate funding for programs that promote or take part in DEI initiatives. On April 9, 2025, represented by private counsel, the Southern Education Foundation filed this lawsuit against President Donald T…

In 2022, the Southern Education Foundation (SEF) was awarded a five-year, discretionary grant by the Department of Education (ED) to operate the Equity Assistance Center-South (EAC-South). This grant was terminated abruptly by President Trump’s Executive Order 14173, which directed the ED to terminate funding for programs that promote or take part in DEI initiatives. On April 9, 2025, represented by private counsel, the Southern Education Foundation filed this lawsuit against President Donald Trump, the ED, and the Secretary of Education in the U.S. District Court for the District of Columbia. The case was assigned to Judge Paul L. Friedman.

The SEF brought three separate claims under the Administrative Procedure Act (APA): that the grant termination was arbitrary and capricious, that the termination failed to comply with relevant rules, and that it failed to comport with Due Process Procedures. SEF also brought a Fifth Amendment claim, a First Amendment claim and a claim under VI of the Civil Rights Act. Lastly, the SEF brought an ultra vires claim, alleging that the grant termination exceeded the scope of the DOE’s authority.

The SEF requested that the court enjoin the Defendants from terminating SEF’s EAC-South grant award, from taking adverse action based on the original notice of grant termination, and from withholding any funds owed to SEF under the grant. SEF also sought reasonable attorney’s fees and declaratory relief, asking that the Court declare the grant termination unlawful.

On April 23, 2025, SEF moved for a preliminary injunction and a temporary restraining order. The SEF claimed that it was likely to succeed on the merits, that the Defendants would face minimal harm, and that a preliminary injunction would serve the public interest by allowing SEF to continue desegregation efforts. Defendants opposed by challenging the court’s jurisdiction. First, the Defendant argued that SEF’s request for reinstatement agreement was a contract claim that belonged in the Court of Federal Claims. Secondly, Defendants argued that because SEF administratively appealed the Department’s termination decision, the grant termination was not a final agency action and could not be brought under the APA.

On May 16, 2025, while the motion for the temporary restraining order was pending, the SEF filed a consent motion to supplement the record. The SEF then filed an amended complaint with leave of the court that alleged it withdrew its administrative appeal before the Department. SEF further alleged that the Department remitted payment of the outstanding balance before the date of EAC-South’s grant termination.

Judge Friedman granted the SEF's motion for a preliminary injunction on May 21, 2025. The court found that the plaintiff was likely to succeed on the merits of all of its claims as there was no evidence introduced by the ED that would offer a reasonable explanation for the grant termination as a defense. Judge Friedman rejected the defendants’ claim that the SEF’s request for relief sounded in contract law. The court held that the Tucker Act did not require the plaintiff’s claims to be channeled through the Federal Court of Claims because SEF’s request that the court declare the termination unlawful sounded in the type of relief afforded under the APA. The Court also rejected the argument that the grant termination was not a final agency action as SEF had withdrawn its appeal, and found that the harms alleged by SEF were ripe for judicial review. Southern Education Foundation v. United States Dep. of Ed., F. Supp. 3d., 2025 WL 1453047 (D.D.C 2025).

The government appealed the preliminary injunction.

The case is ongoing.

Summary Authors

Jinan Abufarha (5/27/2025)

Related Cases

Mid-Atlantic Equity Consortium, Inc. v. U.S. Department of Education, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69868681/parties/southern-education-foundation-v-united-states-department-of-education/


Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Creech, Jamar Wilson (District of Columbia)

Johnson, Lucrecia Patrice (District of Columbia)

Attorney for Defendant

Tepe, Sean Michael (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01079

Complaint for Declaratory and Injunctive Relief

April 9, 2025

April 9, 2025

Complaint
26

1:25-cv-01079

Supplemental Complaint

May 19, 2025

May 19, 2025

Complaint
30

1:25-cv-01079

Attachment A

May 21, 2025

May 21, 2025

Pleading / Motion / Brief
28

1:25-cv-01079

Opinion

May 21, 2025

May 21, 2025

Order/Opinion

2025 WL 1453047

29

1:25-cv-01079

Order

May 21, 2025

May 21, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69868681/southern-education-foundation-v-united-states-department-of-education/

Last updated Aug. 19, 2025, 5:29 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11603165) filed by Southern Education Foundation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Civil Cover Sheet Cover Sheet, # 8 Summons Trump Summons, # 9 Summons Dept of Ed, # 10 Summons McMahon)(Johnson, Lucrecia) (Attachment 7 replaced on 4/10/2025) (zjd). (Entered: 04/09/2025)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Civil Cover Sheet Cover Sheet

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8 Summons Trump Summons

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9 Summons Dept of Ed

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10 Summons McMahon

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April 9, 2025

April 9, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Southern Education Foundation (Johnson, Lucrecia) (Main Document 2 replaced on 4/10/2025) (zjd). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER

Case Assigned to Judge Paul L. Friedman. (zjd)

April 10, 2025

April 10, 2025

PACER

Notice of Error- New Case

April 10, 2025

April 10, 2025

PACER

Case Assigned/Reassigned

April 10, 2025

April 10, 2025

PACER
3

SUMMONS (3) Issued Electronically as to LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zjd)

April 10, 2025

April 10, 2025

PACER
4

REQUEST FOR SUMMONS TO ISSUE filed by SOUTHERN EDUCATION FOUNDATION. (Attachments: # 1 Summons)(Johnson, Lucrecia) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamar W. Creech, Filing fee $ 100, receipt number ADCDC-11608365. Fee Status: Fee Paid. by SOUTHERN EDUCATION FOUNDATION. (Attachments: # 1 Declaration, # 2 Supplement Certificate of Good Standing)(Johnson, Lucrecia) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
6

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 16, 2025

April 16, 2025

PACER

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Paul L. Friedman on April 16, 2025. (lcao)

April 16, 2025

April 16, 2025

PACER
7

ENTERED IN ERROR.....NOTICE of Appearance by Jamar Wilson Creech on behalf of SOUTHERN EDUCATION FOUNDATION (Creech, Jamar) Modified on 4/22/2025 (zjm). (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF EDUCATION served on 4/22/2025 (Johnson, Lucrecia) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER

Notice of Error

April 22, 2025

April 22, 2025

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LINDA MCMAHON served on 4/22/2025 (Johnson, Lucrecia) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER

NOTICE OF ERROR regarding 7 Notice of Appearance. The following error(s) need correction: Missing court case number. Please refile. (zjm)

April 22, 2025

April 22, 2025

PACER
10

NOTICE of Appearance by Jamar Wilson Creech on behalf of SOUTHERN EDUCATION FOUNDATION (Creech, Jamar) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
11

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by SOUTHERN EDUCATION FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit, # 6 Declaration, # 7 Text of Proposed Order, # 8 Certificate of Service)(Johnson, Lucrecia) (Entered: 04/23/2025)

1 Memorandum in Support

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2 Declaration

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3 Affidavit

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4 Exhibit

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5 Exhibit

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6 Declaration

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7 Text of Proposed Order

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8 Certificate of Service

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April 23, 2025

April 23, 2025

RECAP
12

ORDER scheduling oral argument on plaintiff's 11 Motion for a Temporary Restraining Order and Preliminary Injunction for May 12, 2025 at 10:00 a.m. and directing parties to meet and confer and file a joint status report. See Order for details. Signed by Judge Paul L. Friedman on April 23, 2025. (lcao) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

RECAP
13

NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER

Set/Reset Hearings

April 24, 2025

April 24, 2025

PACER

Set/Reset Hearings: Motion Hearing set for 5/12/2025 at 10:00 AM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)

April 24, 2025

April 24, 2025

PACER
14

Joint STATUS REPORT by SOUTHERN EDUCATION FOUNDATION. (Johnson, Lucrecia) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/28/2025. (Johnson, Lucrecia) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/28/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/27/2025. (Johnson, Lucrecia) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 4/28/2025 (Johnson, Lucrecia) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER

.Order

May 5, 2025

May 5, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, the government shall file its opposition to plaintiff's 11 Motion for a Preliminary Injunction on or before May 5, 2025 at 5:00 p.m. E.T. Plaintiff shall file its reply on or before May 8, 2025 at 5:00 p.m. E.T. Signed by Judge Paul L. Friedman on May 5, 2025. (lcao)

May 5, 2025

May 5, 2025

PACER
18

Memorandum in opposition to re 11 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Tepe, Sean) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
19

REPLY to opposition to motion re 11 Motion for Preliminary Injunction,, Motion for TRO, filed by SOUTHERN EDUCATION FOUNDATION. (Johnson, Lucrecia) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

PACER
20

ORDER requiring that counsel be prepared to address specific jurisdictional issues at oral argument on Monday, May 12, 2025. See Order for details. Signed by Judge Paul L. Friedman on May 9, 2025. (ATM) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

RECAP
21

Joint STATUS REPORT by SOUTHERN EDUCATION FOUNDATION. (Johnson, Lucrecia) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

RECAP

MINUTE ORDER: The Court will connect the public-access telephone line for the motion hearing scheduled for May 12, 2025 at 10:00 a.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400, and using meeting ID 492497252. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Paul L. Friedman on May 12, 2025. (ATM)

May 12, 2025

May 12, 2025

PACER

.Order

May 12, 2025

May 12, 2025

PACER

Motion Hearing

May 12, 2025

May 12, 2025

PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Motion Hearing held on 5/12/2025 re 11 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by SOUTHERN EDUCATION FOUNDATION. Oral argument heard, and the court takes the motions under advisement. (Court Reporter: Janice Dickman.) (tj)

May 12, 2025

May 12, 2025

PACER
22

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on May 12, 2025; Page Numbers: 1-46. Date of Issuance: May 13, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 6/3/2025. Redacted Transcript Deadline set for 6/13/2025. Release of Transcript Restriction set for 8/11/2025.(Dickman, Janice) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
23

ENTERED IN ERROR....NOTICE Letter to the Court by SOUTHERN EDUCATION FOUNDATION (Attachments: # 1 Exhibit)(Johnson, Lucrecia) Modified on 5/14/2025 (zjm). (Entered: 05/13/2025)

1 Exhibit

View on RECAP

May 13, 2025

May 13, 2025

PACER
24

ORDER requiring plaintiff to re-submit the content of its 23 Letter to the Court in compliance with Federal and Local Civil Rules. See Order for details. Signed by Judge Paul L. Friedman on May 13, 2025. (ATM) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

RECAP

Notice of Error

May 14, 2025

May 14, 2025

PACER

NOTICE OF ERROR regarding 23 Notice (Other). The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zjm)

May 14, 2025

May 14, 2025

PACER
25

Consent MOTION to Amend/Correct, MOTION to supplement record oral argument and initial complaint by SOUTHERN EDUCATION FOUNDATION. (Attachments: # 1 Exhibit)(Johnson, Lucrecia) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER

Order on Motion to Amend/Correct

May 16, 2025

May 16, 2025

PACER

MINUTE ORDER granting plaintiff's 25 Consent Motion to Supplement the Record. Plaintiff may serve a supplemental pleading by 12:00 p.m. on or before May 19, 2025. Signed by Judge Paul L. Friedman on May 16, 2025. (lcao)

May 16, 2025

May 16, 2025

PACER
26

AMENDED COMPLAINT Supplemental against SOUTHERN EDUCATION FOUNDATION filed by SOUTHERN EDUCATION FOUNDATION.(Johnson, Lucrecia) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

Clearinghouse
27

Consent MOTION for Leave to File Consent Motion for Leave to Supplement Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction by LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (Attachments: # 1 Attachment A, # 2 Text of Proposed Order)(Tepe, Sean) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER

Order on Motion for Leave to File

May 21, 2025

May 21, 2025

PACER

MINUTE ORDER granting 27 Defendants' Consent Motion for Leave to File. Signed by Judge Paul L. Friedman on May 21, 2025. (ATM)

May 21, 2025

May 21, 2025

PACER
28

OPINION granting plaintiff's 11 Motion for a Preliminary Injunction. See Opinion for details. Signed by Judge Paul L. Friedman on May 21, 2025. (lcjd) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Clearinghouse
29

ORDER granting 11 Motion for Preliminary Injunction. See Order for details. Signed by Judge Paul L. Friedman on May 21, 2025. (lcjd) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Clearinghouse
30

SUPPLEMENTAL MEMORANDUM to re 18 Memorandum in Opposition, filed by LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (zjm) (Entered: 05/28/2025)

May 21, 2025

May 21, 2025

Clearinghouse
31

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/28/2025. Answer due for ALL FEDERAL DEFENDANTS by 7/27/2025. (Johnson, Lucrecia) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
32

Joint STATUS REPORT by LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (Tepe, Sean) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

RECAP

Deposit of

June 6, 2025

June 6, 2025

PACER

DEPOSIT of Funds for Bond in the amount of $ 100.00, Receipt Number 209740, pursuant to 28 Opinion. (zjm)

June 6, 2025

June 6, 2025

PACER
33

Consent MOTION for Extension of Time to File Answer re 26 Amended Complaint by LINDA MCMAHON, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF EDUCATION. (Tepe, Sean) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER

Order on Motion for Extension of Time to Answer

July 18, 2025

July 18, 2025

PACER

MINUTE ORDER: in light of defendants' 33 Consent Motion to Extend Deadline to Answer or Respond to Plaintiff's 26 Amended Complaint, defendants shall answer or respond to plaintiff's complaint on or before August 26, 2025. Signed by Judge Paul L. Friedman on July 18, 2025. (lcao)

July 18, 2025

July 18, 2025

PACER
34

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 29 Order on Motion for Preliminary Injunction, Order on Motion for TRO, 28 Memorandum & Opinion by DONALD J. TRUMP, LINDA MCMAHON, UNITED STATES DEPARTMENT OF EDUCATION. Fee Status: No Fee Paid. Parties have been notified. (Tepe, Sean) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
35

Transmission of the Notice of Appeal, Order Appealed (Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 34 Notice of Appeal to DC Circuit Court,. (zjm) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

PACER

USCA Case Number 25-5262 for 34 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, LINDA MCMAHON, UNITED STATES DEPARTMENT OF EDUCATION. (zjm)

July 21, 2025

July 21, 2025

PACER

USCA Case Number

July 23, 2025

July 23, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Education

Presidential/Gubernatorial Authority

Speech and Religious Freedom

Public Benefits/Government Services

School Desegregation

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

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

Key Dates

Filing Date: April 9, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Southern Education Foundation (SEF) is a research, policy, advocacy and leadership development organization that works to advance education opportunity for underserved students. SEF is a 501(c)(3) nonprofit organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Education (District of Columbia), Federal

LINDA MCMAHON (District of Columbia), Federal

Donald J. Trump (District of Columbia), Federal

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Education

Funding

Government services

Juveniles

Public benefits (includes, e.g., in-state tuition, govt. jobs)