School districts, states and other education stakeholders, while initially successful in their challenges of cancelled federal grants before district courts, have found their cases moved to the Court of Federal Claims. The Supreme Court hasn’t gotten into the merits of the cases that have reached it, but instead has said the lower-court actions to pause Trump administration grant terminations have been inappropriate and overturned them—generally without extensive explanation.
In response, those bringing lawsuits and judges are now figuring out what the cases are fundamentally about, Bracewell’s Robert Wagman told Education Week.
“Are you seeking money damages under an award, versus are you trying to get the government to comply with the law?” Wagman said. “It’s not exactly a clear bright line, and that’s why you’re seeing some of the back-and-forth.”
