A federal judge just issued a scathing order stopping ED's CARES equitable services rule from going into effect. Says ED has no authority to issue the IFR and that ED purposely misinterprets Congress' clear intent.

Money quotes: "“the Department’s convoluted reading essentially creates an ambiguity to justify resolving it, thereby thwarting Congress’ obvious intent.”

More from the judge in the W. Dist of WA: "[ED's] claim that the State faces only an economic injury, which ordinarily does not qualify as irreparable harm, is remarkably callous, and blind to the realities of this extraordinary pandemic and the very purpose of the CARES Act.”

One more: "Congress... determined that funding to schools should be distributed according to the same formula found in Section 1117 of the ESEA; to allow otherwise under the guise of a manufactured ambiguity runs counter to the APA and to Congressional intent.”