Bloomberg Law: Dismantling the Dept. of Education, Afghan Reprieve, and Antitrust Deals

Dismantling the Department of Education

• 🏛️ The Trump administration's attempt to dissolve the Department of Education faces legal challenges, with 20 Democratic state attorneys general suing, arguing it's illegal and unconstitutional.
• ⚖️ A federal judge initially blocked the administration's actions, but a divided Supreme Court later lifted the injunction, allowing the dismantling to proceed.
• 📜 Constitutional law expert David Super questions the legality of the dismantling, noting the Supreme Court's decision came without explanation and contrasts with its treatment of President Biden's policies.
• 🌍 The administration claims this move returns responsibility to states, but states already fund and control education, while the DOE provides supplementary funds and national guidance.

Antitrust Enforcement and Mega Deals

• 🤝 In a single week, Trump's antitrust enforcers cleared three deals totaling over $63 billion, including Mars' acquisition of Kellenova, Omnicom's buyout of Interpublic, and HP's acquisition of Juniper Networks.
• 🔍 Professor Harry of NYU Law School notes a change in management but continuity in ongoing big tech cases, while merger enforcement appears to be shifting.
• 📉 The HP-Juniper settlement is described as a weak remedy, with a compulsory license for software and a spin-off of a small business network, raising questions about its impact on competition.
• 🤷 The Justice Department's closing statement on the T-Mobile/US Cellular merger is called "curious" and "bizarre," lamenting market concentration while allowing the deal to proceed without concessions.
• 🗣️ FTC Chair Andrew Ferguson criticizes the previous administration's approach to settlements, preferring to resolve issues rather than letting deals die on the vine, though critics argue this can lead to ineffective remedies.

Afghan Reprieve and TPS Challenges

• ✈️ The Fourth Circuit Court of Appeals granted a temporary reprieve, preventing the deportation of nearly 12,000 Afghans by keeping Temporary Protected Status (TPS) protections in place.
• 📄 The Trump administration sought to end TPS for Afghanistan, citing improvements in conditions, but legal experts argue this is pretextual and part of a broader effort to reduce non-white immigrants.
• ⚖️ Samuel Seagull from Georgetown Law highlights that while a federal judge allowed the challenge to proceed, he did not grant relief, leading to the appeal to the Fourth Circuit.
• 🌍 The court's decision postpones the TPS termination for at least a week, allowing Afghans to remain in the U.S. and work legally while the appeal is briefed.
• 🏛️ Seagull expresses confidence in their case, distinguishing it from previous Supreme Court rulings on parole programs and Venezuelan TPS, emphasizing the strong equities and potential for pretextual reasoning.