Federal Judge Today Issued Temporary Restraining Order to Restore Funding, Orders Trump Administration Not to Withhold Federal Funding Allocated by Congress
Chicago – Attorney General Kwame Raoul today announced an initial victory in his lawsuit challenging a memo issued by President Donald Trump’s Office of Management and Budget to freeze federal grants and loans. Today a federal judge in Rhode Island issued a temporary restraining order in the lawsuit filed by Illinois and a coalition of 22 other states. The temporary restraining order prohibits the Trump administration from imposing a blanket freeze on federal funding. This temporary restraining order is valid until the court rules on the coalition’s motion for preliminary injunction.
“Despite President Trump’s actions since taking office, Jan. 20 was an inauguration – not a coronation of a leader to whom our nation’s Constitution does not apply. I am pleased the judge agreed with our coalition that the president cannot interrupt funding appropriated by the separate, but equal, legislative branch of government,” Raoul said. “Illinois relies on this federal funding to support our state’s most vulnerable residents who depend on Medicaid, to enhance public safety by protecting children from online predators, and to support the farming industry that serves as the backbone of Illinois’ economy. We will continue to fight the callous uncertainty this order has caused to hundreds of thousands of Illinois residents’ daily lives.”
The lawsuit, filed by Raoul and the coalition Tuesday, argued that the Trump administration’s memo violates the U.S. Constitution and federal law by creating new conditions on funding that has already been awarded. On Wednesday, only hours before an initial hearing in this case, the president hastily rescinded the memo. However, public messaging both by the White House press secretary and on the White House’s official X account indicated that the funding freeze was still in effect. The states argued that rescinding the memo without unfreezing funding was an attempt by the administration to evade the lawsuit. During the hearing, a lawyer for the U.S. Department of Justice argued that since the memo had been rescinded, the case was moot and the states’ motion should be denied. Judge John J. McConnell called this a “distinction without a difference,” and asked the parties to submit a proposed order for his review.
Today, Judge McConnell issued the temporary restraining order, agreeing with the states that the president overstepped his authority by overriding policy choices made by Congress, and has violated his obligation to execute the laws passed by Congress by refusing to spend the money Congress has appropriated. In his order, Judge McConnell, stated, “Congress has not given the Executive limitless power to broadly and indefinitely pause all funds that it has expressly directed to specific recipients and purposes and therefore the Executive’s actions violate the separation of powers.”
The memo issued to freeze federal funding would devastate critical programs such as: WIC, a nutrition program for pregnant parents and infants; Head Start, providing preschool and support services for low-income children and their families; LIHEAP, providing home energy assistance for households that struggle to stay warm through the winters; Medicare enrollment assistance; school meals for low-income students; programs supporting homeless veterans reintegrating into our communities; programs that help victims of domestic violence seek support in making safety plans and exiting unsafe situations; and programs supporting refugees that have already arrived in our communities, by providing clothing, household goods, and rent assistance, as well as English classes and job placement.
These programs also support critical public safety programs, including those housed within the Attorney General’s office, supporting the investigation and prosecution of child sexual abuse and Medicaid fraud.
Attorney General is co-leading the lawsuit that was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
