As lawsuit continues, Musk/Trump administration doesn't want to give states teacher-training money appropriated by Congress, because it won't be able to claw the money back

The Musk/Trump administration today appealed a judge's ruling that it start paying out several hundred million dollars appropriated by Congress for teacher training - including in Boston - arguing the judge doesn't know what he's talking about and if it actually pays out the grants appropriated by Congress, it might never be able to retake the money.

In addition to its filing with the US Court of Appeals for the First Circuit in Boston, the WWE-led soon-to-be ex-Department of Education also asked US District Court Judge Myong Joun to stop being so wrong and rescind the temporary restraining order he issued just yesterday, ordering the feds to pay out the money - including for a $9-million UMass Boston/BPS bilingual-teacher training program:

The Court ordered Defendants to rescind, within 24 hours, the terminations of grants worth hundreds of millions of dollars. Defendants have done so, in compliance with the order. But taking that step means grantees can draw down the remaining grant funds immediately  - and once those funds are taken and spent, Defendants will have little to no recourse to recover them, even if they prevail in this litigation.

And the department continues, "respectfully, Defendants are very likely to prevail," because Joun is just wrong in ruling the department  arbitrarily and capriciously stopped millions of dollars in grants for some vague and specious reasons allegedly related to the evil wokeness of programs with money approved by even Republican majorities in Congress:

While the Court believed that the terminations at issue were determined without individualized consideration, the reality is that each grant was reviewed on its own terms, and the Secretary and her senior staff engaged in grant-by-grant consideration that resulted in termination of most - but not all - of the current grants under the relevant programs. That fact undercuts the premise of the Court's Administrative Procedure Act (APA) holding, which was the sole ground for the finding that Plaintiffs were likely to succeed on the merits.

In short, after waiting weeks before filing suit, Plaintiffs induced the Court to issue a highly expedited ruling, without the benefit of a written response from the government, and that ruling rests on a core factual error (in addition to other errors of law). Yet, by virtue of that ruling, grantees now have immediate access to tens of millions of dollars to spend on grants that the Secretary of Education has determined are at war with her policy goals and priorities. Under these circumstances, the Court should stay its ruling pending appeal, and allow for these important issues to be aired and adjudicated in a more orderly fashion.