Case: Council for Opportunity in Education v. U.S. Department of Education

1:25-cv-03514 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 30, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration Department of Education's decision to discontinue grants provided under the Higher Education Act of 1965. On September 30, 2025, the Council for Opportunity in Education (COE) filed suit against the U.S. Department of Education (DOE) in U.S. District Court for the District of Columbia. COE is a membership organization consisting of colleges and non-profits that participate in the federal TRIO program. The TRIO programs were established in the 1960s…

This case challenged the Trump Administration Department of Education's decision to discontinue grants provided under the Higher Education Act of 1965.

On September 30, 2025, the Council for Opportunity in Education (COE) filed suit against the U.S. Department of Education (DOE) in U.S. District Court for the District of Columbia. COE is a membership organization consisting of colleges and non-profits that participate in the federal TRIO program. The TRIO programs were established in the 1960s to help provide access to higher education for low-income families. In the summer of 2025, dozens of COE members received Notices of Non-Continuation from DOE, informing them that their TRIO grants would be discontinued by September 30, 2025. The DOE informed the grantees that their projects were not in "the best interest of the Federal Government" because these programs conflicted with the President's executive order "prioritizing merit, fairness, and excellence in education" due to the grant applications using terms the Administration associates with diversity, equity, and inclusion (DEI) initiatives.

The plaintiff alleges that the DOE's actions are unlawful because (1) DOE did not follow grant termination procedures under Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972; (2) DOE did not engage in notice-and-comment rulemaking in changing the selection/continuation criteria for these grants; (3) DOE's actions were arbitrary and capricious because the DOE did not explain its reasoning for changing position from the preference priorities stated when the grantees applied for their grants; (4) DOE relied on impermissible factors in deciding to terminate the grants rather than evaluating the grantees' performance; (5) DOE's interpretation of the applicable regulations is unconstitutionally vague under the Fifth Amendment; (6) DOE has violated Separation of Powers and the Take Care Clause by not spending funds appropriated by Congress for TRIO programs.

The plaintiff sought declaratory relief and a preliminary injunction to set aside the Notices of Non-Continuation and to set the minimum award amount for its affected members at the funding level they received in 2024.

On November 10, 2025, the defendants filed a combined motion to dismiss and opposition to the preliminary injunction motion, arguing that: (1) the court lacked jurisdiction over these claims because the funds were already allocated, the plaintiffs did not have either associational or organizational standing, and this case belongs in the Court of Federal Claims because this is a contract dispute with the federal government; (2) the APA claims are unreviewable because there are alternative remedies available in the Court of Federal Claims and because this type of funding is committed to agency discretion by law; (3) the Constitutional claims are barred because these claims are statutory in nature; (4) the ultra vires claim fails because the plaintiffs can pursue their claims in the Court of Federal Claims and the DOE did not violate any clear and mandatory statutory commands; and (5) the mandamus claim fails because there's a remedy available in the Court of Federal Claims, plaintiffs did not show a right to relief, and did not identify a duty owed by the government. Lastly, DOE argued that the plaintiffs are not entitled to a preliminary injunction because they could not show a likelihood of success on the merits because they cannot establish jurisdiction, and could not show irreparable harm because the plaintiffs' existence is not threatened and thus the plaintiffs' harm can be remedied by an award of damages.

The case is before Judge Tanya S. Chutkan. This case remains ongoing.

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Summary Authors

Claire Pollard (10/1/2025)

Bryan Waugh (12/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71506962/parties/council-for-opportunity-in-education-v-us-department-of-education/

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Hargrove, Lorrie (District of Columbia)

Hill, Brandt P. (District of Columbia)

Attorney for Defendant

Graham-Oliver, Heather D. (District of Columbia)

Expert/Monitor/Master/Other

Ireland, Kiel (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Hargrove, Lorrie (District of Columbia)

Hill, Brandt P. (District of Columbia)

Rust, Jayna Marie (District of Columbia)

Attorney for Defendant

Graham-Oliver, Heather D. (District of Columbia)

Expert/Monitor/Master/Other

Ireland, Kiel (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-03514	Complaint	Sept. 30, 2025	Sept. 30, 2025 Complaint
14 1:25-cv-03514	Defendants' Combined Motion to Dismiss and Opposition to Plaintiff's Motion for a Preliminary Injunction, and Memorandum in Support Thereof	Nov. 10, 2025	Nov. 10, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Ending Illegal Discrimination and Restoring Merit-Based Opportunity	By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose. Longstanding Federal civil-rights laws prot…	Jan. 21, 2025	Jan. 21, 2025 https://www.whitehouse.gov/...
Ending Radical And Wasteful Government DEI Programs And Preferencing	By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose and Policy. The Biden Administration forced …	Jan. 20, 2025	Jan. 20, 2025 https://www.whitehouse.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71506962/council-for-opportunity-in-education-v-us-department-of-education/

Last updated Jan. 17, 2026, 12:53 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (U.S. Department of Education and Linda McMahon, in her official capacity as the U.S. Secretary of Education) ( Filing fee $ 405 receipt number ADCDC-11996013) filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Education, # 3 Summons Linda McMahon (Secretary of Education), # 4 Summons Pamela Bondi (Attorney General), # 5 Summons Jeanine Pirro (Interim U.S. Attorney))(Rust, Jayna) (Entered: 09/30/2025) 1 Civil Cover Sheet View on PACER 2 Summons U.S. Department of Education View on PACER 3 Summons Linda McMahon (Secretary of Education) View on PACER 4 Summons Pamela Bondi (Attorney General) View on PACER 5 Summons Jeanine Pirro (Interim U.S. Attorney) View on PACER	Sept. 30, 2025	Sept. 30, 2025 Clearinghouse
2	MOTION for Preliminary Injunction, MOTION for Writ of Mandamus by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Exhibit COE Declaration, # 2 Exhibit Augsburg (O'Loughlin) Declaration, # 3 Exhibit Marquette (Arrington) Declaration, # 4 Exhibit Suffolk (Pena) Declaration, # 5 Exhibit S. Seattle College (Correa-Salazar) Declaration, # 6 Exhibit SUNY Plattsburgh (Post) Declaration, # 7 Exhibit UNH (Barbour) Declaration, # 8 Exhibit UNH (Goyait-Heikkinen) Declaration, # 9 Text of Proposed Order)(Rust, Jayna) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
3	NOTICE OF RELATED CASE by COUNCIL FOR OPPORTUNITY IN EDUCATION. Case related to Case No. 25-cv-3491. (Rust, Jayna) (Main Document 3 replaced on 10/1/2025) (zmtm). (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
4	SUMMONS (4) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COUNCIL FOR OPPORTUNITY IN EDUCATION (Rust, Jayna) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025
	Case Assigned/Reassigned	Oct. 1, 2025	Oct. 1, 2025
	Case Assigned to Judge Tanya S. Chutkan. (zmtm)	Oct. 1, 2025	Oct. 1, 2025
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lorrie L. Hargrove, Filing fee $ 100, receipt number ADCDC-12004400. Fee Status: Fee Paid. by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Rust, Jayna) (Attachment 1 replaced on 10/6/2025) (zjm). (Entered: 10/05/2025)	Oct. 5, 2025	Oct. 5, 2025
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brandt P. Hill, Filing fee $ 100, receipt number ADCDC-12004401. Fee Status: Fee Paid. by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Declaration, # 2 Supplement List for Question #4, # 3 Exhibit Certificate of Good Standing, # 4 Text of Proposed Order)(Rust, Jayna) (Attachment 1 replaced on 10/6/2025) (zjm). (Entered: 10/05/2025)	Oct. 5, 2025	Oct. 5, 2025
8	Joint STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 RECAP
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 8, 2025	Oct. 8, 2025
	MINUTE ORDER: Plaintiff's 6 Motion for Leave to Appear Pro Hac Vice is GRANTED. Lorrie L. Hargrove is hereby admitted pro hac vice to represent Plaintiff in this matter. 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 Tanya S. Chutkan on 10/8/2025. (lcsm)	Oct. 8, 2025	Oct. 8, 2025
	MINUTE ORDER: Plaintiff's 7 Motion for Leave to Appear Pro Hac Vice is GRANTED. Brandt P. Hill is hereby admitted pro hac vice to represent Plaintiff in this matter. 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 Tanya S. Chutkan on 10/8/2025. (lcsm)	Oct. 8, 2025	Oct. 8, 2025
	MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, the court sets the following deadlines: Defendants' Response to Plaintiff's 2 Motion for a Preliminary Injunction is due by 10/31/2025. Plaintiff's Reply, if any, is due no later than 14 days after Defendants file their Response. The court will not order consolidation of 25-cv-3514 and 25-cv-3491 at this time, but it will consider doing so if Defendants file a formal request on the docket. The court will nonetheless permit Defendants to submit a consolidated Response. Signed by Judge Tanya S. Chutkan on 10/10/2025. (lcsm)	Oct. 10, 2025	Oct. 10, 2025
	MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, the court sets the following deadlines: Defendants' Response to Plaintiff's 2 Motion for a Preliminary Injunction is due by 10/31/2025. Plaintiff's Reply, if any, is due no later than 14 days after Defendants file their Response. The court will not order consolidation of 25-cv-3514 and 25-cv-3491 at this time, but it will consider doing so if Defendants file a formal request on the docket. The court will nonetheless permit Defendants to submit a consolidated Response. Signed by Judge Tanya S. Chutkan on 10/10/2025. (lcsm) Modified on 10/14/2025 to correctly link ECF 8 (zcll).	Oct. 10, 2025	Oct. 10, 2025
	Scheduling Order	Oct. 10, 2025	Oct. 10, 2025
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/25. (Rust, Jayna) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
10	NOTICE of Appearance by Brandt P. Hill on behalf of COUNCIL FOR OPPORTUNITY IN EDUCATION (Hill, Brandt) (Entered: 10/15/2025)	Oct. 15, 2025	Oct. 15, 2025
11	MOTION for Extension of Time to File Response/Reply by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 10/27/2025)	Oct. 27, 2025	Oct. 27, 2025
12	AMICUS BRIEF of Amici States in Support of Plaintiff Council for Opportunity in Education's Motion for Preliminary Injunction by STATE OF NEVADA. (Ireland, Kiel) (Entered: 10/27/2025)	Oct. 27, 2025	Oct. 27, 2025 RECAP
	MINUTE ORDER: Defendants' 11 Motion for Extension of Time to File Response/Reply to Plaintiff's 2 Motion for Preliminary Injunction is GRANTED in part and DENIED in part. Defendants' Response is due by 11/10/2025. Plaintiff's Reply, if any, is due no later than 14 days after Defendants file their Response. Signed by Judge Tanya S. Chutkan on 10/28/2025. (lcsm)	Oct. 28, 2025	Oct. 28, 2025
	Order on Motion for Extension of Time to File Response/Reply	Oct. 28, 2025	Oct. 28, 2025
13	NOTICE of Appearance by Lorrie Hargrove on behalf of COUNCIL FOR OPPORTUNITY IN EDUCATION (Hargrove, Lorrie) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
14	MOTION to Dismiss by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Graham-Oliver, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025 Clearinghouse
15	RESPONSE re 2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
16	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 11/14/2025 (Hill, Brandt) Modified party served on 11/19/2025 (znmw). (Entered: 11/18/2025)	Nov. 18, 2025	Nov. 18, 2025
17	REPLY to opposition to motion re 2 Motion for Preliminary Injunction,,, Motion for Writ of Mandamus,, filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Rust, Jayna) (Entered: 11/24/2025)	Nov. 24, 2025	Nov. 24, 2025
18	RESPONSE re 14 MOTION to Dismiss filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Rust, Jayna) (Entered: 11/24/2025)	Nov. 24, 2025	Nov. 24, 2025
19	MOTION for Extension of Time to File Response/Reply by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 11/26/2025)	Nov. 26, 2025	Nov. 26, 2025
20	Memorandum in opposition to re 19 MOTION for Extension of Time to File Response/Reply filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hill, Brandt) (Entered: 11/27/2025)	Nov. 27, 2025	Nov. 27, 2025
	MINUTE ORDER: Defendants' 19 Motion for Extension of Time to File Response/Reply is GRANTED in part and DENIED in part. Defendants' Reply in support of their 14 Motion to Dismiss is due by 12/5/2025. Signed by Judge Tanya S. Chutkan on 12/1/2025. (lcsm)	Dec. 1, 2025	Dec. 1, 2025
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Dec. 1, 2025	Dec. 1, 2025
	NOTICE of Hearing on Motion 2 MOTION for Preliminary Injunction : Motion Hearing set for 12/15/2025 at 1:30 PM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (zcll)	Dec. 4, 2025	Dec. 4, 2025
	Notice of Hearing on Motion	Dec. 4, 2025	Dec. 4, 2025
21	REPLY to opposition to motion re 14 Motion to Dismiss filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration Steven Byrd, # 2 Exhibit Attachment A)(Graham-Oliver, Heather) (Entered: 12/05/2025)	Dec. 5, 2025	Dec. 5, 2025
	.Order	Dec. 10, 2025	Dec. 10, 2025
	MINUTE ORDER: The Court will provide access for the public to telephonically attend the motion hearing, scheduled for December 15th, 2025 at 1:30PM. The hearing can be accessed through dialing the Toll Free Number: 833-990-9400, Meeting ID: 493633106. It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or 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 any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 12/10/2025. (zcll)	Dec. 10, 2025	Dec. 10, 2025
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 12/15/2025 re 2 MOTION for Preliminary Injunction filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. The Court consolidates cases: 25-CV-3491 & 25-CV-3514. The lead case is 25-CV-3491. Defendants Supplemental Briefing due by 5:00PM on 12/22/2025. Court Reporter Elizabeth Davila. (zcll)	Dec. 15, 2025	Dec. 15, 2025
	Motion Hearing AND ~Util - Set/Reset Deadlines	Dec. 15, 2025	Dec. 15, 2025
	Cases Consolidated. This case has been consolidated with case 25cv3491 pursuant to 12/15/2025 Minute Order entered in that case. From this date forward, all pleadings shall be filed ONLY in the lead case, 25cv3491. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw)	Dec. 15, 2025	Dec. 15, 2025
22	NOTICE of Proposed Order provided pursuant to request to update during 12/15/2025 hearing, which request was orally approved, by COUNCIL FOR OPPORTUNITY IN EDUCATION re 2 MOTION for Preliminary Injunction MOTION for Writ of Mandamus (Attachments: # 1 Text of Proposed Order)(Rust, Jayna) (Entered: 12/16/2025) 1 Text of Proposed Order View on PACER	Dec. 16, 2025	Dec. 16, 2025
	Create Case Association	Dec. 17, 2025	Dec. 17, 2025
23	MEMORANDUM OPINION re: Plaintiff's 2 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 1/16/26. (lcsm) (Entered: 01/16/2026)	Jan. 16, 2026	Jan. 16, 2026 RECAP
24	ORDER: Plaintiff's 2 Motion for Preliminary Injunction is GRANTED. See Order for further details. Signed by Judge Tanya S. Chutkan on 1/16/2026. (lcsm) (Entered: 01/16/2026)	Jan. 16, 2026	Jan. 16, 2026
	Set/Reset Deadlines	Jan. 16, 2026	Jan. 16, 2026
	Set/Reset Deadlines: Defendant's Status Report due by 1/30/2026. Plaintiff's Motion to modify, if any, due by 2/1/2026. (zcll)	Jan. 16, 2026	Jan. 16, 2026

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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: Sept. 30, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Membership organization comprised of over 1000 colleges, universities, community-based agencies and nonprofit organizations that participate in one or more TRIO program

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 (Washington D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: