Despite Joun’s finding that the programs already were being affected, the high court’s conservative majority wrote that the states can keep the programs running with their own money for now. By contrast, the majority said in an unsigned opinion, the federal government probably wouldn’t be able to recover the cash if it ultimately wins the lawsuit.
Justice Elena Kagan wrote in dissent that there was no reason for the court’s emergency intervention.
“Nowhere in its papers does the Government defend the legality of canceling the education grants at issue here,” Kagan wrote.
In a separate opinion, Justice Ketanji Brown Jackson wrote, “It is beyond puzzling that a majority of Justices conceive of the government’s application as an emergency.”
The administration halted the programs without notice in February. Joun, an appointee of Democratic President Joe Biden, found that the cancellations probably violated a federal law that requires a clear explanation.
The appellate panel that rejected the administration’s request for a stay also was made up of judges appointed by Democrats.
California is leading the ongoing lawsuit, joined by Massachusetts, New Jersey, Colorado, Illinois, Maryland, New York and Wisconsin.
Boston Public Schools have already had to fire several full-time employees due to the loss of grant funding, and the College of New Jersey has also canceled the rest of its teacher-residency program. California State University has ended support for two dozen students in a similar program, and eliminated financial assistance for 50 incoming students.