A U.S. district judge issued a second order telling the Trump administration to restore federal funding it had tried to freeze saying the White House was not complying with the original order.
U.S. District Judge John McConnell Jr. in Rhode Island told the administration
McConnell found that the states are likely to succeed in their claims that the Trump administration violated the Administrative Procedure Act by freezing funds in contravention of underlying appropriations statutes, and that the administration's actions were arbitrary and capricious.
"The executive put itself above Congress," McConnell wrote, saying the administration imposed a categorial mandate on spending of congressionally appropriated and obligated funds without regard to Congress's authority to control spending.
"Federal agencies and departments can spend, award or suspend money based only on the power Congress has given to them – they have no spending power," McConnell said.
McConnell's decision added to an earlier temporary restraining order he issued on Jan. 31. The same day, U.S. District Judge Loren AliKhan in Washington, D.C., issued a preliminary injunction that similarly blocked what she called an "ill-conceived," pause on the federal funding.
AliKhan's ruling was a response to a lawsuit brought by a coalition of nonprofit groups, including the National Council of Nonprofits, American Public Health Association and Main Street Alliance,
The groups argued the Office of Management and Budget's
The OMB rescinded the clawback, but a few days later Press Secretary Karoline Leavitt made a posting on the social media platform X that sowed confusion and was included in the lawsuits.
Shortly after the memo was withdrawn Leavitt posted on X: "This is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo."
McConnell's order was in response to a lawsuit filed in January by a coalition of 23 attorney generals seeking to
Threatened funding included disaster-relief funding necessary for Los Angeles' recovery from recent wildfires, as well as public health, education, public safety and government programs.
In the lawsuit, the AGs argued that the OMB directive violates the separation of powers between Congress and the executive branch because the U.S. constitution gives the power of the purse exclusively to Congress.
Thursday's ruling is a response to a second filing from the state AGs asking for a preliminary injunction and enforcement of McConnell's earlier order for the Trump administration to immediately comply with the temporary restraining order and stop unlawfully freezing federal funds.
"Today's decision is an important victory for the rule of law and for the many programs throughout our state that rely on federal funding to carry out their mission," California Attorney General Rob Bonta said in a statement.
In California alone, the state is expected to receive $168 billion in federal funding – 34% of the state's budget – not including funding for the state's public college and university system, Bonta said.
Also on Thursday, eight Democratic state attorneys
"This is the sixth time we have been forced to sue the president since he began six weeks ago," said Bonta at a press conference in downtown Los Angeles.
