DeVos

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STATE OF MICHIGAN, et al., Case No. 3:20-cv-04478-JD

Plaintiffs,

ORDER RE PRELIMINARY

v. INJUNCTION

BETSY DEVOS, et al., Re: Dkt. No. 35 Defendants.

This case arises out of the funding provisions for elementary and secondary schools in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) of 2020. Plaintiffs, who are eight states, the District of Columbia, and four municipal school districts, have sued under the United States Constitution and the Administrative Procedure Act to block an interim final rule promulgated by defendants, the Secretary of Education and the United States Department of Education (the Department), that imposed a variety of conditions on how the CARES Act funds should be shared by public and private schools. Dkt. No. 24. Plaintiffs also moved for a preliminary injunction prohibiting enforcement of the interim final rule pending a full disposition of the case on the merits. Dkt. No. 35. The…