Justice Sotomayor Issues Strong Dissent
Criticizes Conservative Justices
"Majority Opinion Poses Significant Threat to Separation of Powers"
A liberal justice of the U.S. Supreme Court has criticized a conservative colleague, calling them a "group advocating constitutional violations." Yonhap News reported on July 14 (local time) that Justice Sonia Sotomayor claimed her conservative colleagues on the Supreme Court were compensating for President Donald Trump's disregard for the Constitution and the rule of law. This criticism came in response to the Supreme Court's decision that day to overturn a lower court ruling and allow the Trump administration to proceed with the dismissal of approximately 1,400 employees of the Department of Education.
Justice Sotomayor wrote a dissenting opinion on this case, and it is reported that the other two liberal justices joined her. In her dissent, she stated, "This means the administration is granted the authority to completely dismiss the personnel responsible for enforcing the law, thereby rendering the law itself powerless." She further pointed out, "The majority opinion poses a significant threat to the constitutional principle of separation of powers." She also emphasized, "The President's faithful execution of the law is fundamental to upholding the separation of powers in the Constitution," and added, "Yet the majority opinion provides emergency relief as compensation for openly disregarding this core principle."
She continued, "Two lower courts fulfilled their duty by temporarily prohibiting mass layoffs while the litigation was ongoing," and stressed, "However, the Supreme Court intervened directly, lifted the injunction, and allowed the administration to dismantle the department instead of maintaining the status quo." She added, "When the administration openly announces and carries out illegal actions, the judiciary has a duty to check such illegality and must not facilitate it."
President Donald Trump made the abolition of the Department of Education a campaign pledge. During the presidential race, he promised to eliminate the department, claiming it had been taken over by 'radicals, fanatics, and Marxists.' Immediately after taking office, he began mass layoffs of department staff and reduced the department's functions by suspending operations, canceling research projects, and terminating grants.
However, in May, a federal court in Massachusetts intervened. Former Judge Myungjin Jeon, a Korean American appointed during the previous Biden administration, issued a preliminary injunction in May ordering the reinstatement of dismissed Department of Education employees and prohibiting the execution of President Trump's March executive order to abolish the department. However, with the Supreme Court overturning Judge Jeon's order, it is now expected to be easier for President Trump to realize the dissolution of the Department of Education.
The Department of Education immediately announced, "We will proceed with the staff reductions as part of President Trump's plan to downsize the federal government." Secretary of Education Linda McMahon stated, "We will return educational authority to the states, and the current administration will continue to fulfill all its statutory duties," adding, "By reducing educational bureaucracy, we aim to give families and teachers greater autonomy and independence."
The U.S. Supreme Court consists of nine justices who serve for life, with conservatives currently holding a majority of six over the three liberal justices. Newsweek pointed out, "Through recent rulings, the Supreme Court has delivered significant victories to President Trump," and noted, "This decision is the latest example of an emergency ruling by the Supreme Court that favors the Trump administration."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.



