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Trump still needs Congress’ help with plan to abolish Education Department

Trump still needs Congress’ help with plan to abolish Education Department

President Donald Trump could begin to dismantle the Department of Education via an executive order, but he would need congressional approval in order to officially abolish the agency. Trump is expected to sign the order to start dissolving the department in an effort to “turn over education to families instead of bureaucracies,” according to a White House fact sheet previously reported by Fox News Digital. If Trump signs such an order, expected as soon as Thursday, he can significantly diminish the department. However, the entire agency cannot be outright abolished unless Congress passes legislation that addresses the laws establishing the department. The Education Department was established in 1979 after Congress passed the Department of Education Organization Act, signed into law by former President Jimmy Carter. Republicans, including former President Ronald Reagan, have since spent decades calling for the department to be dismantled in an effort to allow educational decisions to be determined at the state and local level. EDUCATION LEADERS SAY TRUMP DISMANTLING KEY GOVERNMENT AGENCY ‘SAVED EDUCATION’ Rep. Thomas Massie, R-Ky., reintroduced legislation in January to abolish the department, stating, “the Department of Education shall terminate on December 31, 2026.” EDUCATION DEPT LAUNCHES WIDESPREAD CIVIL RIGHTS PROBE: A LOOK AT WHAT THE AGENCY AS TRUMP EYES SHUTDOWN In order to pass any legislation, Trump would need congressional approval from a supermajority in Congress to eliminate the department, according to Andrew Stoltmann, an attorney and law professor. “President Trump does not have the ability to eliminate a federal department. Eliminating it would require congressional action, including a supermajority of 60 votes in the Senate,” Stoltmann told Fox News Digital. “So, even if Trump can follow through with what he says, he has to pull in some Democrats in the Senate, and that will likely be impossible.” Jamie E. Wright, a political pundit and founder of the Wright Law Firm, also previously told Fox News Digital that there could be obstacles to passing such a bill.  “To pass such a bill successfully into law would require backing from members of Congress for the president’s agenda to advance smoothly through the legislative process — an endeavor that may present obstacles should opposition arise from legislators who consider the Department of Education crucial in ensuring consistent national educational guidelines and federal funding allocation for education initiatives,” Wright told Fox.  Trump has promised since his 2024 presidential campaign that he would work to close the department during his second term, tapping Education Secretary Linda McMahon to head the agency to quickly “put herself out of a job.” During her confirmation hearing in February, McMahon acknowledged that the administration would need approval from Congress to move forward with actions to abolish the agency. “Certainly, President Trump understands that we’ll be working with Congress,” McMahon told the members of the Senate Health, Education, Labor and Pensions Committee. “We’d like to do this right. We’d like to make sure that we are presenting a plan that I think our senators could get on board with, and our Congress could get on board with, that would have a better functioning Department of Education, but it certainly does require congressional action.” The administration has already taken steps to gut the department, beginning with the canceling of hundreds of millions of dollars in grants funding diversity, equity, and inclusion in schools and cutting nearly half its workforce. Savannah Newhouse, a Department of Education spokesperson, previously told Fox News Digital amid cuts to the department, that “President Trump’s goal is to cut federal bureaucracy and return education authority to the states because the dollars and decision-making should be closest to students.” The department currently oversees some funding, managing student loans, financial aid and enforcing nondiscrimination policies in schools, while most education itself is dealt with at the state level.  Newhouse added that “despite misconceptions, the Department of Education does not control school curricula, decide teacher pay, set who qualifies for student aid and how much they receive, operate schools, or serve as the primary source of funding for schools.” Fox News Digital reached out to the Department of Education for further comment but did not immediately receive a response.

Can Maine’s high school sports authority dodge Title IX? Conservative legal experts say no

Can Maine’s high school sports authority dodge Title IX? Conservative legal experts say no

Maine’s primary governing body for high school athletics claims it isn’t liable for Title IX violations since it receives no federal funding, but Title IX legal experts call that argument “weak.” The Department of Health and Human Services (HHS) determined earlier this week that the Maine Department of Education, the Maine Principals’ Association (MPA) and Greely High School in Cumberland violated Title IX by continuing to allow biological males to compete in women’s sports. However, in a formal response to HHS’ finding, the MPA asserted that it could not be investigated for violating Title IX because it does not receive federal funds, either “directly” or “indirectly.”  “This is an incredibly weak argument by the Maine Principals’ Association. It is no different than any one of the pass through funding options we’ve seen with Title IX in the past,” said Sarah Perry, a senior legal fellow with the Heritage Foundation who has experience litigating Title IX issues. Perry pointed to the NCAA as an example, noting that courts have found it liable under Title IX because it manages billions in sports revenue in its role overseeing schools that receive direct federal funding.   HHS EXPANDS TITLE IX PROBE IN MAINE TO INCLUDE STATE ASSOCIATION GOVERNING ATHLETICS, EMBATTLED HIGH SCHOOL “The NCAA is a secondary recipient of federal funding because all of its member organization schools are themselves recipients of federal funding and that is precisely the basis for which Riley Gaines and a number of other NCAA swimmers sued the NCAA for violation of Title IX,” Perry pointed out.  Kristen Waggoner is president and general counsel of Alliance Defending Freedom, a conservative, Christian legal advocacy group and nonprofit. She also has experience litigating Title IX issues and called the MPA’s argument “weak.” “Courts have consistently held that sports associations must comply with Title IX, even if they don’t directly pocket federal dollars. In fact, if an association has ‘controlling authority’ over entities that receive federal funds, courts have concluded Title IX still binds the association,” Waggoner said. “In this situation, it appears the MPA has significant control over sports in the state, as schools have delegated authority to them. The MPA isn’t simply a bystander.” TRUMP ADMIN PAUSES $175M IN FEDERAL FUNDING TO UPENN OVER INCLUSION OF TRANS ATHLETES IN WOMEN’S SPORTS In a separate statement from MPA following HHS’ determination it had violated Title IX, the association said the issue of transgender athletes’ participation in sports was a “policy question” that needed to be decided by the Maine legislature and by Congress. They added that their only intention was to follow the law, and currently their legal counsel was advising them to follow Maine’s Human Rights law, which requires athletic participation be determined by one’s preferred gender identity.  Gov. Janet Mills, a Democrat, has backed the argument that officials should follow state law in determining athletic eligibility for transgender athletes. She has also directly challenged President Donald Trump over his push to keep males and females separate in sports.  Last month, Mills and Trump got into a public battle over the matter during a meeting with various governors at the White House, during which Mills told Trump she would “see [him] in court.”  Perry said she anticipates it will take future litigation to iron out the issue completely, telling Fox News Digital that until the Supreme Court clarifies that Title IX terminology on sex means only male and female, “we’re going to continue to have these governors who are going to weigh in, and they’re going to find every which way from Sunday” to prevent the federal government from stripping funds.   JUDGE RULES AGAINST FEMALE ATHLETES SEEKING MANDATORY GENDER TESTING IN NCAA TO COMBAT TRANS INCLUSION “Maine has made very clear – Minnesota, Michigan have made very clear – all under Democratic leadership and governorship – that they are going to fight tooth and nail to prevent the loss of their federal funds, but also to continue to promote what is the prevailing narrative on gender identitarianism.”  In a statement to Fox News Digital, White House spokesperson Anna Kelly slammed the MPA for choosing to assert “it has the legal power to discriminate against biological women” rather than “simply protect women’s sports.”   “The Trump administration is committed to upholding common sense and rejecting gender insanity,” she said. State Rep. Laurel Libby, R-Auburn, echoed Kelly’s sentiment in a statement to Fox News Digital, blasting Maine’s leaders for “continu[ing] to pass the buck instead of taking responsibility for allowing biological males to compete in girls’ sports.”  “Rather than focusing on legal loopholes to avoid accountability, the MPA should prioritize fairness, safety, and equal opportunity for Maine’s female athletes,” Libby said. “Every girl in Maine deserves a level playing field, and the MPA’s refusal to uphold that standard is a disservice to them.”

Trump DOJ drops Biden-era legal challenge to Texas border security law

Trump DOJ drops Biden-era legal challenge to Texas border security law

The Trump administration is moving to drop a Biden-era legal challenge to a Texas immigration law that allows state and local police to arrest people suspected of illegally crossing the U.S. border into Texas. The Justice Department filed a voluntary dismissal of the federal government’s challenge to the Texas law, known as SB 4, on Tuesday, though legal challenges by two immigrants’ rights groups, American Gateways and Las America Immigrant Advocate Center, are set to continue with a July trial, according to a report from Fox 7. At issue is Texas’ controversial 2023 bill making it a state crime to illegally cross the U.S.-Mexico border into Texas, with the state granting local law enforcement officers the power to arrest individuals they observe illegally crossing the border as well as providing for criminal penalties for those who admitted to illegally crossing the border. NEW BORDER SECTOR BECOMES NATION’S BUSIEST AS OVERALL ENCOUNTERS CONTINUE TO PLUMMET ON TRUMP WATCH The law also allows for a judge to step in and drop the charges against a migrant who agrees to return to Mexico. While state lawmakers reasoned that the law was made necessary by former President Joe Biden’s lax policies on border security, the Biden administration pushed back against the state with legal challenges. Most notably, the Biden administration argued that the Texas law violated the constitution, which grants only the federal government the power to regulate immigration. TRUMP POLICY ON BORDER JUMPERS EMPOWERS USE OF ‘MAXIMUM CONSEQUENCES,’ BORDER AGENT TELLS FOX “Because SB 4 is unconstitutional and will disrupt the federal government’s operations, we request that Texas forbear in its enforcement,” Principal Deputy Assistant Attorney General Brian Boynton wrote in a letter to Texas Gov. Greg Abbott, as the Republican governor weighed signing the bill, adding that “the United States intends to file suit to enjoin the enforcement of SB 4,” according to a CBS News report. Abbott would go on to sign the legislation, sparking the current legal challenges. Meanwhile, the border has fallen eerily silent in the weeks since President Donald Trump took office, with U.S. Customs and Border Protection (CBP) agents recording record-low numbers of encounters with illegal migrants at the southwest border. According to CBP data, the agency encountered just over 8,000 migrants at the southwest border in February 2025, down over 90% from the totals seen the prior year.

User’s manual to Trump’s effort to dismantle the Education Department

User’s manual to Trump’s effort to dismantle the Education Department

President Donald Trump is implementing his plan to dismantle the Department of Education.  But this plan likely needs to go through Congress, and GOP lawmakers just re-upped much of the funding for the Department of Education in last week’s spending bill to avoid a government shutdown. Actually, eliminating the Education Department likely requires both chambers of Congress to approve legislation to end the department or blend some of its functions with other agencies. There are numerous laws on the books over the years mandating certain actions by the department or the federal government.  REPORTER’S NOTEBOOK: SHOULD THE HOUSE ALLOW MEMBERS OF CONGRESS TO VOTE REMOTELY? Keep in mind that this proposal would need to go through both the House and Senate. And in the Senate, it needs to overcome a filibuster. That requires 60 yeas. Democrats will not support that. And frankly, some Republicans may not do so either. What to watch: Congress will soon receive a “recissions” request from the Trump administration to cancel spending, which is already on the books.  While canceling the spending does not eliminate the department, it does gut it. The department would still exist, but have no funding.  Also, look to see how lawmakers handle funding for the department in the next round of spending bills over the spring and summer, due by Sept. 30. Opponents may then try to “zero out” the Education Department.  But, since this is legislation, it also needs 60 yeas in the Senate to break a filibuster. So the chances of killing all funding for the department are slim. 

What is an autopen? The signing device at the heart of Trump’s attacks on Biden pardons

What is an autopen? The signing device at the heart of Trump’s attacks on Biden pardons

President Donald Trump accused former President Joe Biden on Sunday of using an autopen to sign important documents — including pardons on including some for lawmakers who served on the House Select Committee to investigate the Jan. 6 Capitol riot. Trump claimed that Biden’s more than 8,000 pardons were void and that Biden did not know what documents he was signing through the automated device, calling into question Biden’s mental sharpness while in office and whether he personally approved all official actions.  What is an autopen, and how does it work? An autopen is a device that physically holds a pen and is programmed to replicate a person’s signature. It is not a stamp or a digitized print of someone’s signature, and various autopen machines have the capability to hold different types of pens, ranging from ballpoint to permanent marker, according to descriptions of autopen machines available for purchase.  TRUMP CLAIMS BIDEN PARDONS ARE ‘VOID,’ ALLEGING THEY WERE SIGNED VIA AUTOPEN Modern machines allow someone to save a signature on a smart card or USB flash drive, and then transfer it to the machine. To activate the device, one inserts the pen and then either presses a button or uses a foot pedal to create the signature.  Other autopen machines have the capacity to write full-length letters for mass, handwritten mail campaigns, where one can select various fonts and input data to determine spacing, size, angle, among other things.  Use of an autopen is common for lawmakers and other figures like celebrities, who may be required to sign a large swath of documents at one time. For example, former President Barack Obama signed off on an aide using an autopen machine in 2011 to reauthorize the Patriot Act, while he was abroad in France and unable to physically sign it himself.  That episode marked the first known incident of a president signing legislation with an autopen, even though other presidents like Lyndon B. Johnson were photographed with the machine and reportedly used it to sign correspondence after the machine’s invention during World War II.  A White House official confirmed to Fox News Digital Tuesday that Trump uses his hand signature on every legally operational or binding document, in keeping with his administration’s official policy during both terms. However, Trump admitted he uses one for letters.  Trump told reporters on Air Force One Sunday that although he employs an autopen for correspondence, it is “disgraceful” to use one when signing documents such as pardons. BIDEN’S ‘AUTOPEN SIGNATURE’ APPEARS ON MOST OFFICIAL DOCS, RAISING CONCERNS OVER WHO CONTROLLED THE WH: REPORT However, the Justice Department’s Office of Legal Counsel determined in 2005 that the president is authorized to use an autopen to sign bills into law. More recently, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in February that said the absence of “a writing does not equate to proof that a commutation did not occur.” “The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective,” the circuit court said in its opinion. Despite Trump’s concerns over the validity of Biden’s pardons due to the alleged use of an autopen, constitutional scholar Jonathan Turley told Fox News Digital that the odds of successfully legally challenging them in court are “vanishingly low.”  “Presidents are allowed to use the autopen and courts will not presume a dead-hand conspiracy,” Turley said.  CLICK HERE TO GET THE FOX NEWS APP A spokesperson for Biden did not provide comment on the record to Fox News Digital.  Trump’s attacks on Biden over the use of an autopen come after the Oversight Project with conservative think-tank The Heritage Foundation released a report March 6 claiming that it conducted an analysis of Biden documents, and found that a majority of documents signed during his administration used an autopen. “This apparent use raises concerns about: whether President Biden personally authorized each official act; whether or which unelected staff controlled the autopen device; and whether they acted with his approval,” the Oversight Project said in a report released Monday.  The Associated Press and Fox News’ Emma Colton contributed to this report. 

Newsom’s free-phone giveaway to state business leaders paid for by nonprofit run by ex-staffers

Newsom’s free-phone giveaway to state business leaders paid for by nonprofit run by ex-staffers

California Gov. Gavin Newsom has been sending out cell phones, funded by a closely-tied nonprofit, to CEOs of California companies with his personal number pre-programmed into them in an effort to “connect more directly with business leaders in the state.” “The feedback has been positive, and it’s led to valuable interactions,” Newsom spokesperson Izzy Gardon told Fox News Digital in a statement.  The state’s public disclosure rules still apply, meaning both the nonprofit – which was formed in 2002 under former Gov. Arnold Schwarzenegger’s administration – and Newsom must still comply with the rules for making public records available upon request regarding correspondence on the phones.  Newsom’s office began sending out cell phones on a rolling basis in November to some of the state’s top 100 companies. The phones are being funded by the California State Protocol Foundation — which functions similarly to presidential inaugural committees — which has three board members, two of whom are former Newsom staffers.  TRUMP SURROGATE CORRIN RANKIN PICKED TO LEAD BLUE STATE’S GOP: ‘MAKE CALIFORNIA GREAT AGAIN’ The foundation is funded largely by businesses and private donations, according to reports, and has funded several previous governors on business trips at no cost to taxpayers. According to a Sacramento Bee report last May, the nonprofit funded Newsom’s international trips, including visits to El Salvador in 2019 and to Israel and China in 2023.  However, charity watchdog group Charity Navigator gives the foundation a poor rating, noting issues such as no website, a high liabilities-to-assets ratio, no financial statements and having no known whistleblower nor document retention and destruction policies on record. NEWSOM’S ‘UNFAIR’ REMARK ON GIRLS’ SPORTS BELIES RECORD AS GOVERNOR: ‘ABSOLUTE BULLS—‘ The foundation’s principal officer, Steve Kawa, is a seasoned Democratic strategist who previously worked in the governor’s office, serving as Chief of Staff when Newsom was mayor of San Francisco. Other board members include Jim DeBoo, who is also a Democratic strategist and served as former executive secretary to Newsom and Matina Kolokotronis, the chief operating officer for the Sacramento Kings NBA team.  NEWSOM ASKS FOR NEARLY ANOTHER $3B FOR STATE HEALTH PROGRAM OVERWHELMED BY ILLEGAL IMMIGRANTS The move to give companies a direct line to Newsom comes as the blue-state governor has come under fire in recent years for the state’s high cost of doing business, with several high-profile companies such as Chevron, Oracle and Tesla moving their headquarters to more business-friendly red states like Texas.  Attempts by Fox News Digital to reach the California State Protocol Foundation for comment were unsuccessful.

Hawley skeptical of Trump pick Oz: ‘I hope he’s changed his views’

Hawley skeptical of Trump pick Oz: ‘I hope he’s changed his views’

Sen. Josh Hawley, R-Mo., said he was “skeptical” of Dr. Mehmet Oz’s views, particularly on transgender procedures for minors and abortion, and released a series of questions Wednesday that he plans to ask President Donald Trump’s nominee to lead the Centers for Medicare and Medicaid Services (CMS) during his road to confirmation.  “I’ve been reading up on Dr. Oz – I see he’s praised trans surgeries for minors and supported hormone treatments & puberty blockers for kids in the past,” Hawley wrote on X on Wednesday. “And has also criticized state laws protecting life. I hope he’s changed his views to match President Trump! We need the Trump agenda at CMS.”  In a series of written questions for Oz, Hawley asked the former heart surgeon and TV personality if his views have changed since hosting a television show.  DR. OZ BATS BACK DEMOCRATIC ATTEMPTS TO PAINT HIM AS A ‘SNAKE OIL’ SALESMAN IN SENATE HEARING Hawley noted that Oz had on his show “various transgender advocates as well as a surgeon who performed transgender surgery” and “also invited children to discuss switching genders and praised parents for helping their children ‘transition’.”   “Do you support President Trump’s position that gender transition procedures for minors should be banned?” one question directed at Oz and shared by Hawley’s press office asked.  The senator also asked if Trump’s nominee supported the president’s executive order barring biological men from competing in women’s sports.  “Do you believe that CMS has a role in promoting or supporting gender transition surgery in any way?” Hawley asked.  The senator asked Oz if he would commit to never issuing a National Coverage Determination at CMS for “gender reassignment surgery” or equivalent procedures, including the use of hormone and puberty blockers, in line with Trump’s policies. He also asked if Oz would support Trump’s efforts to halt federal funding to hospitals that provide so-called “gender-affirming care” to minors. Hawley noted Oz had stated in the past that he did not want to “interfere” with doctors prescribing puberty blockers for minor children and asked if that was still his position.  “Do you believe the Dobbs decision overturning Roe v. Wade, which every Justice appointed by President Trump supported, was correctly decided?” Hawley asked.  The senator questioned whether Oz’s position has changed since he in 2019 opposed state limitations on abortion related to fetal heartbeat by describing it as “little electrical exchanges in the cell that no one would hear or think about as a heart.”  In 2019, Oz predicted a state would face a “big sucking sound of business leaving” over its pro-life law, the senator noted, asking Trump’s nominee to answer if he would allow his decisions as head of CMS to be “influenced by corporate preferences.”  Oz testified last week that CMS would abide by the Hyde Amendment, which bars federal taxpayer dollars from funding abortions. 3 THINGS DR. OZ CAN DO AS CMS ADMINISTRATOR TO HELP FIX AMERICAN HEALTH CARE “As a physician, I’ve been in the room when there’s some difficult conversations happening. I don’t want the federal government involved with that at all,” Oz stated in 2022, according to Hawley’s office. The senator cited how Oz also said he did not want the federal government “impinging” on actions the states may make regarding abortion. “But many federal laws and regulations implicate life issues,” Hawley said. “President Trump’s administration has opposed federal funding for abortion, for example, at home and abroad. Will you support the President’s position and commit to upholding existing laws that prevent federal funds from being used for abortions?”  Hawley asked Oz if he would uphold protections for conscience rights related to abortion, including under the Weldon, Church and Coats-Snowe Amendments.  The senator noted that CMS under Trump approved waivers allowing states to exclude abortion-performing clinics from the Medicaid program and asked Oz if he would support the president’s policy and back similar waivers if he is confirmed by the Senate. Hawley questioned whether Oz would “support action at the federal level to directly exclude abortion providers from the Medicaid program.”  “The Biden administration issued guidance via CMS suggesting that the Emergency Medical Treatment and Active Labor Act (EMTALA) required hospitals to perform abortions, overriding state laws,” Hawley noted. The senator asked Oz if he would return to the Trump policy and “clarify that EMTALA does not mandate abortions.”  Finally, Hawley noted that CMS under Trump required separate billing plans that covered abortion in Affordable Care Act (ACA) marketing plans and the Biden administration eliminated that requirement. He asked if Oz would support returning Trump’s policy of “transparent billing practices and ensure that consumers pay properly separate charges for abortion.”  The 64-year-old was a respected heart surgeon who turned into a popular TV pitchman. He sold everything from supplements to private health insurance plans on “The Dr. Oz Show,” which ran for 13 seasons and helped him amass a fortune. If confirmed, Oz will oversee health insurance for about 150 million Americans enrolled in Medicare, Medicaid or ACA coverage. As CMS administrator, he could wield significant power over most health companies operating in the U.S., because he can make decisions about who and what is covered by Medicare and Medicaid. Oz faced over two and a half hours of questioning Friday before the Republican-controlled Senate Finance Committee, which has yet to vote on whether to forward his nomination to the full Senate for consideration. Hawley is not a Finance Committee member and did not question Oz during the hearing last week. The Associated Press contributed to this report.