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Home Source documents Reply Memorandum of Law in Support (non-motion), State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 102 (June 2, 2025)

Reply Memorandum of Law in Support (non-motion), State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 102 (June 2, 2025)

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  Case 1:25-cv-02990-ER      Document 102   Filed 06/02/25   Page 1 of 19



                 UNITED STATES DISTRICT COURT
            FOR THE SOUTHERN DISTRICT OF NEW YORK


STATE OF NEW YORK, et al.,

                      Plaintiffs,

      v.                                    Case No. 1:25-cv-02990 (ER)(BCM)

U.S. DEPARTMENT OF EDUCATION, et al.,

                      Defendants.




      PLAINTIFFS’ REPLY MEMORANDUM OF LAW IN FURTHER
      SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION
          Case 1:25-cv-02990-ER                      Document 102                Filed 06/02/25              Page 2 of 19




                                                  TABLE OF CONTENTS


TABLE OF AUTHORITIES ............................................................................................. ii

INTRODUCTION ............................................................................................................. 1

ARGUMENT ..................................................................................................................... 2

          I.         AS DEFENDANTS PREVIOUSLY CONCLUDED, THIS
                     COURT HAS JURISDICTION OVER THE STATES’ CLAIMS ........... 2

          II.        THE COURT’S PRIOR RULINGS ARE LAW OF THE CASE ............. 5

          III.       DEFENDANTS’ JUSTIFICATIONS ARE NOT REASONABLE .......... 8

          IV.        THE COURT SHOULD COMPEL DEFENDANTS TO PROCESS
                     PAYMENT REQUESTS WITHOUT DELAY TO ENSURE
                     COMPLIANCE WITH THE COURT’S PRELIMINARY
                     INJUNCTIONS........................................................................................ 10

          V.         GIVEN DEFENDANTS’ ACTIONS IN THIS CASE AND
                     POSSIBLE CHANGE IN THE LAW, THE COURT SHOULD
                     ORDER A NOMINAL BOND ................................................................ 11

CONCLUSION ................................................................................................................ 11




                                                                     i
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                                                 TABLE OF AUTHORITIES

                                                                                                                                     Page(s)

Cases

Bowen v. Massachusetts,
   487 U.S. 879 (1988) ............................................................................................................... 3-5

Cmty. Legal Servs. in East Palo Alto v. United States Dep’t of Health and Human Servs.,
  No. 25-2808, 2025 WL 1393876 (9th Cir. May 14, 2025) .................................................... 4-5

Dep’t of Educ. v. California,
   604 U.S. ___, 2025 WL 1008354 (April 4, 2025) ................................................................. 4-5

Shrader v. CSX Transp., Inc.,
   70 F.3d 255 (2d Cir. 1994).........................................................................................................6

United States v. Quintieri,
   306 F.3d 1217 (2d Cir. 2002).....................................................................................................5

Federal Regulations

2 C.F.R.
   § 200.344................................................................................................................................5, 8


Rules

Local Civ. R. 6.3 ..............................................................................................................................6

Fed. R. Civ. P. 65 ...........................................................................................................................11




                                                                       ii
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                                        INTRODUCTION 1

        As a threshold matter, the Court has jurisdiction over Plaintiffs’ purely equitable claims.

In opposing Plaintiffs’ first PI motion, Defendants plainly concluded that the Tucker Act is

inapplicable because Plaintiffs do not assert a claim for money damages and thus Defendants did

not contest this Court’s jurisdiction. Having lost on the merits on the first motion, Defendants now

assert the opposite position and suddenly challenge the Court’s jurisdiction. But Defendants were

correct the first time. And their new position on the Tucker Act is not justified by Plaintiffs’ request

that the Court order ED to “process” ES funding requests without delay. Their contention that

“process” means the same as “pay” is nonsensical.

        On the merits, the Court should reject most of Defendants’ arguments under the law of the

case doctrine. The May 11 Rescission Letter is a final agency action under the APA for the same

reasons that the Court held the March 28 Rescission Letter was a final agency action. The Court

has already held that rescinding ED’s prior extension approvals will cause Plaintiffs irreparable

harm. Defendants’ pandemic-is-over justification for ED’s abrupt change in position on the

extension approvals is just as unreasonable now as the Court held it to be on the first PI motion.

And as the Court held before, Defendants fail to account for Plaintiffs’ reliance on ED’s prior

extension approvals; they simply declare such reliance to be invalid. Finally, Defendants’ second

attempt to terminate Plaintiffs’ liquidation periods is contrary to law for the same reasons that the

Court previously held the March 28 rescission was contrary to law.




1
 The defined terms used in this reply are the same as those used in Plaintiffs’ opening brief (ECF
No. 85) (“Opening Br.”).
            Case 1:25-cv-02990-ER          Document 102        Filed 06/02/25      Page 5 of 19




            Defendants’ second attempt to rescind ED’s prior extension approvals is not saved by the

 additional “justifications” included in the May 11 Rescission Letter. None provides a reasoned

 explanation for ED’s abrupt change in position, nor do they matter in any event since the rescission

 is still contrary to law in violation of the APA regardless of any purported justification Defendants

  offer. Accordingly, Plaintiffs have again established a high likelihood of success on the merits of

  their APA claims.

            Finally, in addition to enjoining Defendants from enforcing the May 11 Rescission Letter,

  the Court should direct ED to process Plaintiffs’ ES funding requests “without delay” and to report

     to the Court on when all current outstanding requests will be processed. This directive is necessary

 to prevent ED from thwarting the Court’s injunction by burdening Plaintiffs’ SEAs with boilerplate

 demands for additional information that effectively seek to revisit the bases for ED’s prior

  extension approvals, as ED has been doing since the Court issued its May 6 preliminary injunction

  order (“May 6 Order”).

                                               ARGUMENT

I.      AS DEFENDANTS PREVIOUSLY CONCLUDED, THIS COURT HAS
        JURISDICTION OVER THE STATES’ CLAIMS

            In response to Plaintiffs’ first PI motion, Defendants concluded that the Tucker Act does

  not apply because Plaintiffs do not seek money damages—despite Plaintiffs anticipating in their

 opening brief that Defendants might rely on the Tucker Act as a defense, see ECF No. 11 at Point

 I.A. Defendants’ conclusion is clearly correct; this case, at its core, is about Plaintiffs’ need to

 enjoin Defendants’ unlawful termination of their liquidation periods, but for which Plaintiffs

 would not require relief from this Court of any kind. Thus, Defendants’ brief opposing Plaintiffs’

 first PI motion never once mentioned the Tucker Act or suggested that the Court lacks jurisdiction

 over Plaintiffs’ claims. See ECF No. 63.


                                                      2
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       Having lost that motion on the merits, Defendants now trot out the Tucker Act, employing

sophistry to try to explain why the Tucker Act applies now but did not before; they assert that

Plaintiffs have changed the nature of the relief they seek by including in their proposed PI Order a

request that the Court order ED to “pay money to the States under the grants.” Opp. at 9. Not true.

Plaintiffs seek preliminary relief directing ED merely to “process” Plaintiffs’ liquidation requests

without delay, not “pay” them. ECF No. 87. The words “pay” and “process” mean different things,

and an order directing ED to “process” requests may or may not result in payment, depending on

whether the requests meet the requirements for payment under ED’s ministerial review criteria

applicable to timely payment requests. Indeed, Defendants recognize this distinction between

“pay” and “process,” arguing the Court should not “direct the Department to make specific

payments because the Department is continuing to review submissions” and should be allowed “to

continue that process.” Opp. at 15 (emphasis added). The core relief Plaintiffs seek here remains

enjoining implementation of that unlawful action.

       Because Plaintiffs’ claims, including the request for an order directing ED merely to

“process” ES funding requests without delay, are not for money damages, this case fits squarely

within the general rule that district courts have jurisdiction over challenges to final agency action

under §702 of the APA, including when a remedial order may result in the disbursement of funds,

as Defendants correctly concluded when opposing Plaintiffs’ first PI motion. See Bowen v.

Massachusetts, 487 U.S. 879, 910 (1988).

       Defendants also assert that seeking “to enjoin the Department from implementing the

directives in the May 11 letter” “amount[s] to [a] claim[] for the payment of money, purportedly

pursuant to grant agreements.” Opp. at 11. Their position directly conflicts with their prior correct

conclusion on Plaintiffs’ first PI motion that seeking to enjoin ED from implementing the



                                                 3
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directives in the March 28 Rescission Letter was not a claim for the payment of money triggering

the Tucker Act. Both letters rescind ED’s prior extension approvals and terminate Plaintiffs’

liquidation periods. For the reasons articulated in Plaintiffs’ brief in support of their first PI motion,

and as Defendants have already implicitly conceded by omitting any Tucker Act argument in their

opposition, such relief is not a claim for money damages that would fall within the scope of the

Tucker Act under Bowen. ECF No. 11 (Point I.A.). Rather, it is a claim “to hold unlawful and set

aside agency action,” which this Court, as the “reviewing court,” has “jurisdiction under §702 [of

the APA] to review” to grant Plaintiffs “the complete relief authorized by §706 [of the APA].”

Bowen, 487 U.S. at 911.

        Defendants’ newly minted effort to distinguish Bowen, Opp. at 13-14, is also without merit.

As in Bowen, this case involves a decision by an agency head that categorically rescinds a previous

agency determination across an entire grant program. Such a decision “represents an ongoing

policy that has significant prospective effect,” see Bowen, 487 U.S. at 889 (cleaned up), and

“reviewing the Secretary’s interpretation of federal law” in that context is precisely the task that

Bowen deemed appropriate for APA review. Id. at 909–10.

        Defendants’ reliance on the Supreme Court’s motion order granting a stay in Dep’t of Educ.

v. California, 604 U.S. ___, 2025 WL 1008354 (April 4, 2025), is unavailing. Opp. at 11-12. That

order—which pre-dated Defendants’ opposition to the first PI motion by nearly 3 weeks—was

issued “with barebones briefing, no argument, and scarce time for reflection,” 2025 WL 1008354

at *2 (Kagan, dissenting), and did not overrule Bowen; indeed, the majority cites to Bowen as

controlling law, id. at *1 (per curiam).

        Here, Bowen controls because the “rights and remedies are statutorily or constitutionally

based” rather than “contractually based.” Cmty. Legal Servs. in East Palo Alto v. United States



                                                    4
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      Dep’t of Health and Human Servs., No. 25-2808, 2025 WL 1393876, at *2 (9th Cir. May 14, 2025)

      (cleaned up). As Defendants acknowledge, the rights and remedies at issue are statutorily based

      on ED’s congressional mandate under CRRSA and ARP, and regulatory authority under 2 C.F.R.

      §200.344(c), with Defendants invoking ED’s inherent authority under the regulatory framework

      to reconsider the prior extension approvals. See ECF No. 1-1, at 1 & n.1 (citing Ivy Sports Med.,

      LLC v. Burwell, 767 F.3d 81, 86 (D.C. Cir. 2014)). This case is thus an administrative law case,

      not a contract case, and does not turn on the particular terms and conditions of ED’s grant awards.

      See East Palo Alto, 2025 WL 1393876, at *2 (holding Tucker Act inapplicable where “plaintiffs

      seek to enforce compliance with statutes and regulations, not any government contract”).

             Furthermore, unlike in California, Defendants’ actions prevent Plaintiffs from submitting

      timely payment requests for awarded ES funds, requiring them to cut programs and lay off staff

      because they do not have the “financial wherewithal” to keep these programs running or all of their

      employees on the payroll. 2 California, 2025 WL 1008354, at *1. As the Court held in Bowen,

      “[t]he fact that a judicial remedy may require one party to pay money to another is not a sufficient

      reason to characterize the relief as ‘money damages.’” Bowen, 487 U.S. at 893.

II.       THE COURT’S PRIOR RULINGS ARE LAW OF THE CASE

             Defendants all but ignore the Court’s May 6 rulings and fail to present any “cogent” or

  “compelling” reason why the Court should depart from those prior rulings that are now law of the

  case. United States v. Quintieri, 306 F.3d 1217, 1230 (2d Cir. 2002). As discussed below, the




      2
       See, Coughlin-NY ¶¶50-57, 52, 59; Slaga-AZ ¶¶19-28; Wright-MD ¶¶10 & 12; Perkins-Cohen-
      MD ¶¶12–15; Rice-MI ¶¶22-25; Seaton-IL ¶¶18, 25; Stewart-DC ¶11; Chasse Johndro-ME ¶36;
      Rowe-PA ¶30; Wetherell-OR ¶25; Ehling-NJ ¶20; Marten-DE ¶13.

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Court’s prior rulings defeat most of Defendants’ arguments under the law of the case doctrine

without the need for further analysis.

       Final Agency Action. Defendants argue that the rescission is not final agency action

subject to review under the APA because it provides a “process for seeking project-specific

extension” and therefore “does not determine whether any particular project’s liquidation deadline

may be extended.” Opp. at 19. The Court rejected this same argument on the first PI motion,

holding that the rescission was “final” agency action despite the “new process that has been set up

for these funds.” Id. at 44:10-17. 3

       Irreparable Harm. Defendants argue “Plaintiffs have failed to show irreparable harm”

because “the States may follow the project-specific process” subject to the right of an appeal. Opp.

at 16-17. This is the same argument they raised before, contending that “the ability to obtain a

further extension of the liquidation period” through the project specific extension process prevents

the harm “from being irreparable.” Tr. at 34:17-25:15. The Court rejected this argument, holding

that absent an injunction preventing Defendants from terminating Plaintiffs’ liquidation periods,

“[P]laintiffs have established irreparable harm” based on “any number of declarations that have

been submitted that talk about the disruption that has been caused by” ED’s change in position,

Tr. 45:15-21, 46:6-7.




3
  In a single sentence, Defendants ask the Court to “reconsider” its prior ruling on finality, Opp. at
19, but this request is both procedurally improper and substantively without merit. Reconsideration
must be requested by a formal motion filed within 14 days of entry of the order being challenged.
Local Civ. R. 6.3. And Defendants have not satisfied the “strict” test for reconsideration, which
requires the moving party to “point to controlling decisions or data that the court overlooked.”
Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1994). Defendants do neither. instead,
they simply point to the “the project-specific extension process” the Court already considered.
Opp. at 19.

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       Equities/Public Interest. Defendants maintain that the balance of equities and public

interest weigh in their favor because through the project-specific extension process ED is seeking

to ensure “that the funds requested by the States are being utilized for their intended purposes.”

Opp. at 18. The Court rejected this argument, holding that “the public interest and the balance of

hardships here weigh clearly in favor of the [P]laintiffs” because their SEAs “have had to disrupt

the provision of educational services to schoolchildren” and “have had to halt infrastructure

projects midstream because of the Department of Education's determination,” Tr. at 46:6–11.

       Pandemic Is Over. In the May 11 Rescission Letter, Defendants argue that Plaintiffs’

liquidation periods should be terminated as of May 25, 2025, because the pandemic “concluded

more than two years ago.” May 11 Rescission Letter at 2. Defendants offered this same

justification in the March 28 Rescission Letter, but the Court held it “was not a reasonable

explanation” because the ES funds were intended to support “programs going forward after the

pandemic emergency was deemed to have ended” to mitigate the “loss of educational attainment

that schoolchildren had suffered as a result of remote learning and other difficulties attendant to

the COVID-19 pandemic.” Tr. at 44:21-45:17.

       Contrary to Law. Defendants argue the May 11 Rescission Letter is not contrary to law

because “there is nothing in the statutes Congress passed that precludes [ED] from rescinding a

prior extension and evaluating further extension requests on a project-specific basis.” Opp. at 22.

The Court previously rejected this argument, holding that Plaintiffs were likely to succeed in

proving Defendants had acted contrary to law in rescinding ED’s prior extension approvals

because “Congress intended that [the ES] funds remain available” and that ED “be liberal and

flexible in making sure that these programs continued to be funded” and “not impose unreasonable

obstacles in the way of state agencies looking to continue to fund those programs.” Tr. at 45:9-14.



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              Defendants’ Harm. Defendants argue they “will suffer irreparable harm” if the Court

       issues the requested PI because ED “will be compelled to disburse funds that it will be unable to

       recover” through a process it has “attempted . . . to supersede.” Opp. at 16-17. The Court rejected

       this argument on the first PI motion, finding there was no evidence in the record “suggest[ing] the

       government would be irreparably harmed” by disbursing “funds that have been appropriated for

       particular uses” by Congress. Tr. at 45:22-25.

                                                    *    *    *

              But even if the Court did not apply law of the case and were to revisit these rulings, the

       operative facts and law have not changed and therefore the results should be the same. The

       reasoning employed by the Court on Plaintiffs’ first PI motion applies with equal force on this

       motion. See Tr. at 43:25-46:15.

III.      DEFENDANTS’ JUSTIFICATIONS ARE NOT REASONABLE

              Defendants fail to establish in their opposition that any of the remaining justifications listed

       in the May 11 Rescission Letter are reasonable.

              First, Defendants contend that it is reasonable to rescind ED’s prior extension approvals,

       terminate Plaintiffs’ liquidation periods, and require Plaintiffs to utilize the new project-specific

       process “to ensure that ongoing projects are consistent with the objectives of the appropriations

       statutes.” Opp. at 21. But this is not a reasonable basis to rescind extensions that ED previously

       approved under 2 C.F.R. §200.344 because that regulation authorizes ED to extend liquidation

       periods based on whether grant recipients demonstrate additional time is needed to implement

   projects already approved when the grants were awarded, not to revisit the objectives or prior

   approvals of those projects. And Defendants concede that the projects which the May 11

   Rescission Letter contends “Congress did not intend” to fund (ECF No. 84-1 at 2) “might arguably

   be permitted under” ARP. Opp. at 21. It is patently unreasonable for ED to justify rescinding the
                                                         8
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prior extension approvals to impose on Plaintiffs a new project-specific extension process to reject

projects Congress intended ES funds to support.

       Second, Defendants fail to explain how the NAEP scores provide a reasonable justification

for rescinding ED’s prior approvals. As a matter of common sense, tests administered in the first

quarter of 2024 do not shed any light on the efficacy of programs designed under contracts entered

into between April and September of 2024 and started in the 2024-2025 academic year. And

logically, test scores suggesting students are continuing to struggle to catch up cannot possibly

justify cutting projects that provide additional instruction time.

       Third, Defendants unconvincingly attempt to walk back their admission during argument

on May 6 that there was “no reason to believe” ED failed to conduct a careful review when

approving the prior extension requests, Tr. at 27:7-10, suggesting this statement was somehow

qualified because it was “based on the record,” Opp. at 21. But the evidence Defendants rely on to

support the assertion in the May 11 Rescission Letter that ED’s prior review was not careful are

the “original extension letters” they contend “included no explanation for the extensions.” May 11

Rescission Letter at 4. That is the same evidence that was in the record when Defendants, through

their counsel, represented to the Court there was “no reason to believe” ED failed to conduct a

careful review. See, e.g., Pierson Decl.-CA, Ex. A (ECF No. 14-1); Marten Decl.-DE, Ex. 1 (ECF

No. 16-1); Couglin Decl.-NY, Ex. A (ECF No. 26-1). If the approval letters provided no reason

for Defendants to believe on May 6 that ED’s review was not careful, they similarly provide no

reason to believe otherwise today. 4




4
 Defendants’ suggestion that the extensions were not the product of a careful review because they
were “extreme” falls flat. Opp. at 21. Defendants cannot dispute that the 14-month extensions fit
within the guidelines for extension applications on the ED website. ECF No. 85 at 14 n.7.

                                                  9
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             Fourth, Defendants disingenuously point to “the recent pace of the States’ draw-down

      requests” received since May 6 as justifying the termination of Plaintiffs’ liquidation periods. Opp.

      at 22. Defendants ignore the obvious explanation for the uptick: the backlog of payment requests

   that piled up between ED’s termination of Plaintiffs’ liquidation periods on March 28 and the

   Court’s PI Order restoring the liquidation periods on May 6.

IV.      THE COURT SHOULD COMPEL DEFENDANTS TO PROCESS PAYMENT
         REQUESTS WITHOUT DELAY TO ENSURE COMPLIANCE WITH THE
         COURT’S PRELIMINARY INJUNCTIONS

             As Plaintiffs demonstrated in their opening brief, Defendants have largely ignored this

  Court’s May 6 Order. See Opening Br. at 18–19. For example, the New York State Education

  Department submitted a drawdown request for approximately $11.5 million on March 28, 2025,

  prior to the retroactive deadline imposed by the March 28 Rescission Letter. ECF No. 89-1. ED

  did not respond to that drawdown request until May 13, 2025—a week after the Court issued its

  May 6 Order—and then only to request additional information. Id.; see also ECF No. 89 at ¶ 5.

             Other of Plaintiffs’ SEAs have experienced similar delays:

                 •   On May 7, 2025, the California Department of Education (“CDE”) submitted a
                     drawdown request for approximately $3.8 million. On May 16, 2025, ED requested
                     additional documentation, which CDE promptly supplied the same day. On May
                     20, 2025, ED requested invoices again. Thompson Reply Aff. Ex. A.

                 •   On May 22, 2025, the Minnesota Department of Education submitted a drawdown
                     request for approximately $225,000 but has yet to receive any response from ED
                     other than an automatic email stating that the email will be processed in the order
                     in which it was received. Thompson Reply Aff. Ex. B.

                 •   On May 8, 2025, the D.C. Office of the State Superintendent of Education
                     submitted a drawdown request for approximately $14.8 million, and a week later
                     received a response from ED that additional documentation was required.
                     Thompson Reply Aff. Ex. C.

             Defendants’ own declarant demonstrates clearly how slowly Defendants have been moving

  in response to Plaintiffs’ drawdown requests: of the approximately $428 million in drawdown


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 requests ED reports to have received since May 6, it has only processed approximately $16.7

 million, or about 4%. ECF No. 101-1. And Defendants do not even include requests, like New

 York’s, that have been pending since prior to the March 28 termination. Accordingly, Plaintiffs

 request that the Court direct Defendants to process Plaintiffs’ drawdown requests without delay.

V.     GIVEN DEFENDANTS’ ACTIONS IN THIS CASE AND POSSIBLE CHANGE
       IN THE LAW, THE COURT SHOULD ORDER A NOMINAL BOND

          Defendants have largely ignored this Court’s rulings and the May 6 Order, and given that

 conduct and a potential legislative change targeting Rule 65 injunctions, Plaintiffs seek a nominal

 bond in order to ensure the Court will be able to compel compliance by Defendants in the future.

 On May 22, 2025, the House of Representatives passed H.R. 1, the 2025 budget reconciliation bill.

 Tucked into Title VII of the bill is a provision that, if enacted into law, would retroactively bar

 federal courts from enforcing through contempt a party’s failure to comply with a preliminary

 injunction or temporary restraining order “if no security was given when the injunction or order

 was issued.” H.R. 1 §70302. 5 A bond is inappropriate under current law, but given Defendants’

 past conduct, Plaintiffs ask that the Court enter a nominal bond of $1,000 in an abundance of

 caution. Plaintiffs’ revised proposed preliminary injunction order reflecting this change is attached

 as Exhibit 1 to this reply.

                                            CONCLUSION

          For these reasons, Plaintiffs respectfully request that the Court enter their Revised Proposed

 Preliminary Injunction Order, along with granting such other relief as the Court deems necessary

 and appropriate to maintain the status quo pending resolution of this action.




 5
     Available at https://www.congress.gov/bill/119th-congress/house-bill/1/text.

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Dated: New York, New York
       June 2, 2025
                                            Respectfully submitted,

LETITIA JAMES                               KRISTIN K. MAYES
ATTORNEY GENERAL OF NEW YORK                ATTORNEY GENERAL OF ARIZONA

By: /s Andrew Amer                          By: /s/ Alexa Salas
Andrew Amer                                 Alexa Salas*
  Special Counsel                             Assistant Attorney General
Molly Thomas-Jensen                         Lauren Watford*
  Special Counsel                             Assistant Attorney General
Rabia Muqaddam                              2005 North Central Avenue
  Special Counsel for Federal Initiatives   Phoenix, Arizona 85004
Stephen C. Thompson                         (602) 542-3333
  Special Counsel                           Alexa.Salas@azag.gov
28 Liberty Street                           Lauren.Watford@azag.gov
New York, NY 10005                          ACL@azag.gov
(212) 416-6127
andrew.amer@ag.ny.gov                       Counsel for the State of Arizona

Counsel for the State of New York
                                            KATHLEEN JENNINGS
                                            ATTORNEY GENERAL OF THE STATE OF
ROB BONTA                                   DELAWARE
ATTORNEY GENERAL OF CALIFORNIA
                                            By: /s/ Vanessa L. Kassab
By: /s/ Maureen C. Onyeagbako               Ian Liston
Maureen C. Onyeagbako*                        Director of Impact Litigation
  Supervising Deputy Attorney General       Vanessa L. Kassab
José Pablo Galán de la Cruz*                  Deputy Attorney General
  Deputy Attorney General                   Delaware Department of Justice
Cheryl L. Feiner**                          820 N. French Street
  Senior Assistant Attorney General         Wilmington, DE 19801
California Attorney General’s Office        (302) 683-8899
1300 I Street, Ste. 125                     vanessa.kassab@delaware.gov
P.O. Box 944255
Sacramento, CA 94244-2550                   Counsel for the State of Delaware
Telephone: (916) 210-7324
Email: Maureen.Onyeagbako@doj.ca.gov
        Pablo.Galan@doj.ca.gov
        Cheryl.Feiner@doj.ca.gov

Counsel for Plaintiff State of California




                                            12
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BRIAN L. SCHWALB                          ANNE E. LOPEZ
ATTORNEY GENERAL FOR THE DISTRICT OF      ATTORNEY GENERAL FOR THE STATE OF
COLUMBIA                                  HAWAIʻI

By: /s/ Andrew Mendrala                   By: /s/ Kalikoʻonālani D. Fernandes
Andrew Mendrala*                          David D. Day*
  Assistant Attorney General                Special Assistant to the Attorney General
Public Advocacy Division                  Kalikoʻonālani D. Fernandes*
Office of the Attorney General for the      Solicitor General
District of Columbia                      425 Queen Street
400 Sixth Street, NW Washington, DC       Honolulu, HI 96813
20001                                     (808) 586-1360
(202) 724-9726                            kaliko.d.fernandes@hawaii.gov
Andrew.Mendrala@dc.gov
                                          Counsel for the State of Hawaiʻi
Counsel for the District of Columbia

                                          KWAME RAOUL
AARON M. FREY                             ATTORNEY GENERAL FOR THE STATE OF
ATTORNEY GENERAL FOR THE STATE OF         ILLINOIS
MAINE
                                          By: /s/ Elena S. Meth
By:/s/ Sarah A. Forster                   Cara Hendrickson*
Sarah A. Forster*                           Assistant Chief Deputy Attorney General
  Assistant Attorney General              Elena S. Meth*
Office of the Attorney General              Assistant Attorney General
6 State House Station                     Office of the Illinois Attorney General
Augusta, ME 04333-0006                    115 S. LaSalle St.
Tel.: 207-626-8800                        Chicago, IL 60603
Fax: 207-287-3145                         (773) 835-0182
Sarah.Forster@maine.gov                   Cara.Hendrickson@ilag.gov
                                          Elena.Meth@ilag.gov
Counsel for the State of Maine
                                          Counsel for the State of Illinois




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ANTHONY G. BROWN                            ANDREA JOY CAMPBELL
ATTORNEY GENERAL FOR THE STATE OF           ATTORNEY GENERAL OF MASSACHUSETTS
MARYLAND
                                            By: /s/ David C. Kravitz
By: /s/ Keith M. Jamieson                   David C. Kravitz**
Elliott Schoen*                               State Solicitor
  Principal Counsel                         Katherine Dirks
  Assistant Attorney General                  Chief State Trial Counsel
Alan J. Dunklow*                            Office of the Attorney General
  Deputy Principal Counsel                  One Ashburton Place, 20th Floor
  Assistant Attorney General                Boston, MA 02108
Maryland State Department of Education      (617) 963-2427
Keith M. Jamieson*                          david.kravitz@mass.gov
  Assistant Attorney General
Federal Accountability Unit                 Counsel for the
Office of the Attorney General               Commonwealth of Massachusetts
200 Saint Paul Place
Baltimore, Maryland 21202
(410) 576-6960                              KEITH ELLISON
kjamieson@oag.state.md.us                   ATTORNEY GENERAL FOR THE STATE OF
                                            MINNESOTA
Counsel for the State of Maryland           By: /s/ Liz Kramer
                                            Liz Kramer*
                                              Solicitor General
DANA NESSEL                                 445 Minnesota Street, Suite 1400
ATTORNEY GENERAL OF MICHIGAN                St. Paul, Minnesota, 55101
                                            (651) 757-1010
By: /s/ Neil Giovanatti                     Liz.Kramer@ag.state.mn.us
Neil Giovanatti
BreAnna Listermann*                         Counsel for the State of Minnesota
  Assistant Attorneys General
Michigan Department of Attorney General
525 W. Ottawa                               AARON D. FORD
Lansing, MI 48909                           ATTORNEY GENERAL OF NEVADA
(517) 335-7603
GiovanattiN@michigan.gov                    By: /s/ Heidi Parry Stern
ListermannB@michigan.gov                    Heidi Parry Stern (Bar. No. 8873)
                                              Solicitor General
Counsel for the People of the State of      Office of the Nevada Attorney General
Michigan                                    1 State of Nevada Way, Ste. 100
                                            Las Vegas, NV 89119
                                            HStern@ag.nv.gov

                                            Counsel for the State of Nevada




                                            14
      Case 1:25-cv-02990-ER           Document 102    Filed 06/02/25     Page 18 of 19



MATTHEW J. PLATKIN                            RAÚL TORREZ
 ATTORNEY GENERAL OF NEW JERSEY               ATTORNEY GENERAL OF THE STATE OF NEW
                                              MEXICO
/s/ Lauren E. Van Driesen
Lauren E. Van Driesen
Jessica L. Palmer                             /s/ Anjana Samant
Justine Longa**                               Anjana Samant**
  Deputy Attorneys General                      Deputy Counsel
Office of the Attorney General                New Mexico Department of Justice
124 Halsey Street, 5th Floor                  408 Galisteo Street
Newark, NJ 07101                              Santa Fe, NM 87501
(609) 696-5279
Lauren.VanDriesen@law.njoag.gov               asamant@nmdoj.gov
Jessica.Palmer@law.njoag.gov                  (505) 270-4332
Justine.Longa@law.njoag.gov
                                              Counsel for the State of New Mexico
Counsel for the State of New Jersey

                                              JENNIFER C. SELBER
 DAN RAYFIELD                                  General Counsel
 ATTORNEY GENERAL FOR THE STATE OF            Michael J. Fischer
 OREGON                                        Executive Deputy General Counsel
 By: /s/ Sara Van Loh
 Sara Van Loh OSB #044398*                    By:/s/ Thomas P. Howell
   Senior Assistant Attorney General          Thomas P. Howell*
 100 SW Market Street                           Deputy General Counsel
 Portland, Oregon 97201                       Governor’s Office of General Counsel
 Tel (971) 673-1880                           30 N. 3rd Street, Suite 200
 Fax (971) 673-5000                           Harrisburg, PA 17101
 Sara.VanLoh@doj.oregon.gov                   (717) 460-6786
                                              thowell@pa.gov
 Attorneys for the State of Oregon
                                              Counsel for Governor Josh Shapiro,
                                              Commonwealth of Pennsylvania




                                              * Admitted Pro Hac Vice
                                              ** Pending Pro Hac Vice applications filed/to
                                              be filed




                                              15
      Case 1:25-cv-02990-ER           Document 102         Filed 06/02/25      Page 19 of 19




                                  RULE 7.1 CERTIFICATION

       I certify that, excluding the caption, table of contents, table of authorities, signature

block, and this certification, the foregoing Reply Memorandum of Law contains 3,482 words,

calculated using Microsoft Word, which complies with Rule 7.1(c) of the Local Rules of the

United States District Courts for the Southern and Eastern Districts of New York.

Dated: New York, New York
       June 2, 2025

                                               LETITIA JAMES
                                               Attorney General of the State of New York

                                               By: /s Andrew Amer
                                               Andrew Amer
                                                 Special Counsel
                                               28 Liberty Street
                                               New York, NY 10005
                                               (212) 416-6127
                                               andrew.amer@ag.ny.gov


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