2025 Law Day: Public Education and the Assault on American Democracy

On March 20th, President Trump issued an executive order effectively abolishing the Department of Education. The American Association of University Professors (AAUP) and American Federation of Teachers (AFT) have already filed a lawsuit to block the dismantling, alleging the executive branch has exceeded its constitutional authority and violated law. As the nation watches the flurry of executive orders and legal action unfold on public education, what does this mean for the nation\'s K-12 and higher education students?\r\n\r\nDerek Black is a Professor of Law at the University of South Carolina School of Law, the Ernest F. Hollings Chair in Constitutional Law, and directs the Constitutional Law Center. He is one of the nation's foremost experts in education law and policy. He offers expert witness testimony in school funding, voucher, and federal policy litigation and his research is routinely cited in the federal courts, including the U.S. Supreme Court.\r\n\r\nHe is also the author of a leading education law casebook, Education Law: Equality, Fairness, and Reform, and other books aimed at wider audiences. His 2020 book Schoolhouse Burning: Public Education and the Assault on American Democracy describes a full-scale assault on public education that threatens not just public education but American democracy itself. His forthcoming book, Dangerous Learning: The South's Long War on Black Literacy outlines the enduring legacy of the nineteenth-century struggle for Black literacy in the American South.