The Cosmic Watchdog

The Supreme Court on Friday let the Trump administration temporarily suspend $65 million in teacher-training grants that the government contends would promote diversity, equity and inclusion initiatives, an early victory for the administration in front of the justices.

The court’s order was unsigned, which is typical when the justices act on emergency applications.

The decision was 5 to 4, with five of the court’s conservatives — Justices Amy Coney Barrett, Neil M. Gorsuch, Clarence Thomas, Samuel A. Alito Jr. and Brett M. Kavanaugh — in the majority. Chief Justice John G. Roberts Jr. voted with the court’s three liberal justices in dissent.

The order came in response to one of a series of emergency requests by the Trump administration asking the justices to intervene and overturn lower court rulings that have temporarily blocked parts of President Trump’s agenda.

The grants at issue in the case helped place teachers in poor and rural areas and aimed to recruit a diverse work force reflecting the communities it served.

In February, the Education Department sent grant recipients boilerplate form letters ending the funding, saying the programs “fail to serve the best interests of the United States” by taking account of factors other than “merit, fairness and excellence,” and by allowing waste and fraud.

Eight states, including California and New York, sued to stop the cuts, arguing that they would undermine both urban and rural school districts, requiring them to hire “long-term substitutes, teachers with emergency credentials and unlicensed teachers on waivers.”

Judge Myong J. Joun of the Federal District Court in Massachusetts temporarily ordered the grants to remain available while he considered the lawsuit. The U.S. Court of Appeals for the First Circuit, in Boston, rejected a request from the Trump administration to undo Judge Joun’s order, saying the government’s arguments were based on “speculation and hyperbole.”

In temporarily blocking the cancellation of the grants, Judge Joun said that he sought to maintain the status quo. He wrote that if he failed to do so, “dozens of programs upon which public schools, public universities, students, teachers and faculty rely will be gutted.” On the other hand, he reasoned, if he did pause the Trump administration action, the groups would merely continue to receive funds that had been appropriated by Congress.

In its brief order, the court said that the challengers had “not refuted” the Trump administration’s claim that “it is unlikely to recover the grant funds once they are disbursed.” By contrast, the order stated, “the government compellingly argues that respondents would not suffer irreparable harm” while the grants are paused. The court said it had relied on statements by the challengers that “they have the financial wherewithal to keep their programs running.”

When the Trump administration asked the Supreme Court to intervene, Sarah M. Harris, the acting solicitor general, wrote in an emergency application that Judge Joun’s order was one of many lower-court rulings thwarting government initiatives.

“The aim is clear: to stop the executive branch in its tracks and prevent the administration from changing direction on hundreds of billions of dollars of government largesse that the executive branch considers contrary to the United States’ interests and fiscal health,” she wrote.

She added: “Only this court can right the ship — and the time to do so is now.”

In response, the states said that the justices should decide one dispute at a time.

The brief added that the cancellation of the grants had not been accompanied by reasoning specific to each grant. The boilerplate letters, it said, “did not explain how the grant-funded programs engaged in any of the purportedly disqualifying activities.”