In this episode, Derek Black of the University of South Carolina School of Law and Neal McCluskey of the Cato Institute join to discuss this recent emergency docket decision and explore the history of federal involvement in education. Resources McMahon v. New York (2025) Scott Harris with Derek Black, “Trump’s Targeting of Education Department Could Eliminate Dozens of Federal Programs for Millions of Students Nationwide,” Counterpoint (Feb. 10, 2025) Derek Black, “Dangerous Learning: The South’s Long War on Black Literacy,” (2025) Neal McCluskey, “Right Supreme Court Call on Downsizing the US Department of Education,” Cato at Liberty (July 14, 2025) Neal McCluskey, Feds in the Classroom: How Big Government Corrupts, Cripples, and Compromises American Education, (2007) Stay Connected and Learn More Questions or comments about the show? Email us at
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