WOOT!! TRUMP TRIES TO WEASEL OUT OF NAACP LAWSUIT – COURT SAYS “NO DICE! ANSWER THEM!”
Back a bit over a year ago, in March 2025, the National Association for the Advancement of Colored People (NAACP) filed a lawsuit against the U.S., and the U.S. Department of Education, and Linda McMahon, over the Dept. of Ed.’s (“DoE”) cancellation of grants, and RIF (reduction in force, i.e. layoffs and/or firings) of hundreds of DoE workers.
Now, the Complaint (included for Notes from the Front members) talks about a lot of different actions and grants which the DoE has terminated or otherwise impeded, and of course our old friend the Administrative Procedures Act (APA); by now you are well acquainted with these issues, and you can read about those individually, if you like, in the Complaint.
What’s more, *180* members of Congress signed on to an Amici Curiae brief (amici is the plural of amicus, remember that’s ‘friends of the Court’) supporting the NAACP! (Also included for Notes from the Front members.)
What is relevant to *this* article is that on July 1, 2025, the NAACP filed this Complaint (actually an amended complaint, the first complaint was the one filed in March of last year), and on July 25th the Defendants (U.S., U.S. DoE, and McMahon), *instead of responding to the Complaint*, filed a Motion to Dismiss. (For fellow attorneys, it was of course a good old 12(b)(6) motion – which, for non-lawyers, means they are asserting that the Complaint fails to put forth a claim that can be addressed by the Court; the actual language is “failure to state a claim upon which relief can be granted”).
The Plaintiffs responded to that Motion to Dismiss, and on September 18th the Defendants filed a *second* Motion to Dismiss. (Also a 12(b)(6) motion.)
Well, this past week the Court handed down its ruling on the administration’s efforts to get the case dismissed. It was 67 pages (also included for Notes from the Front members) so you know it’s got to be good!
In her opinion, Judge Julie Rubin explains that while the Defendants assert that the NAACP’s lawsuit is really over the closure of the DoE (which is a different matter altogether), rather than specific actions such as termination of specific grants, in fact the NAACP actually did properly cite specific grant terminations, and file the Complaint fully complying with the requirements for such a lawsuit. (She also says, and I quote, “The court has reviewed all papers; no hearing is necessary.” (snort))
Silly administration, did you *really* think that the NAACP didn’t know what they were doing? Have you *looked* in a mirror lately?
In the separate 1-page order, Judge Rubin then *denies* the Motion to Dismiss *and* *orders* the administration to actually, you know, *respond* to the Complaint. And no, “I know you are but what am I” is not a sufficient response.
Notes from the Front members: The documents that go with this article are in your inbox now!
If you’re not a Notes from the Front member these documents are a great reason to join! For just $5 a month you can stop relying on this platform’s algorithms to show you my updates *and* get the included documents! *And* help keep me in that sweet elixer of productivity, coffee! :~) Join here now:
https://annepmitchell.substack.com/p/woot-trump-tries-to-weasel-out-of
Don’t have the $5? You can also ensure that you never miss an update by getting them directly in your inbox for *free* (yes really) by signing up for my Notes from the Front Lite – it’s like Notes from the Front but without the documents and coffee. You can sign up for that here (it really is completely free, no ads, no spam, just also no documents or private chats): https://notesfromthefront.fyi
P.S. If you actually read all the way to the bottom please leave a comment that includes the word “mirror”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about mirrors! ;~)
P.P.S. New by popular demand: Many of you have asked how you can support my work without subscribing to my $5 Substack (thank you for asking! ❤️), here’s how: https://www.annepmitchell.com/buy-anne-a-coffee/
Source