Attorney General Dana Nessel joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin, and the state of Pennsylvania in filing this lawsuit.
Michigan – Michigan Attorney General Dana Nessel has announced that she is part of a group of 21 state attorneys general who are suing the Trump Administration for what they say are illegal attempts to cut off important federal funding for states.
The lawsuit says that the administration made a mistake to use one line from federal regulations to justify taking back billions of dollars that Congress had previously given for programs like crime prevention, education, and public health.
Attorney General Nessel said that since January 20, federal agencies under President Trump’s order have canceled thousands of awards that had already been given to states and other groups.
The government has used a five-word phrase hidden in Office of Management and Budget (OMB) rules as the legal reason for suddenly cutting off funding: agencies can cancel grants if they “no longer effectuate agency priorities.” Nessel said that this broad application of the clause was a dangerous break from how previous administrations have dealt with federal grants.
“Whether or not Donald Trump and his administration believe it, our democracy is built on the separation of powers and the rule of law,” AG Nessel said.
“That’s why my Democratic colleagues and I have been successful in securing 10 injunctions so far against the White House’s unlawful federal actions. The use of this mere five-word clause is just another example in a long pattern of how the Trump Administration believes they can illegally contort the law to slash billions of dollars in federal funding – funding that was authorized by Congress and that everyday Michiganders depend on. I will continue to fight, tooth and nail, against such harmful and unconstitutional policies,” Nessel added.
The coalition’s argues says that this aggressive way of cutting funding for programs adversely weakens Congress’s ability to decide how to spend government money. The lawsuit shows how the administration’s unexpected changes to funding have put important programs at risk, such making sure people have access to safe drinking water, supporting scientific research, fighting food insecurity, and keeping communities safe from violent crime.
These sudden cancellations also happened without warning to the states, which has caused problems for local governments and others who rely on these services.
The lawsuit, which was filed in the District of Massachusetts, asks for a finding that makes it clear that the OMB guideline cannot be used to cut off funding based on agency priorities that were set after funds were given.
The attorneys general are asking the court to reject the administration’s decision to apply the regulation in this way if that clarification is not granted. They believe that this decision has impacted millions of Americans by endangering important services.
The lawsuit names a wide range of federal agencies, such as the Departments of Agriculture, Commerce, Defense, Homeland Security, Justice, Labor, and State, as well as the Environmental Protection Agency, National Science Foundation, and Federal Emergency Management Agency. These agencies are accused of illegally cutting off funds.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Wisconsin are also joining Nessel in the lawsuit. This wide coalition underscores the widespread concern among states that the administration’s interpretation of the regulation could destabilize funding for countless programs Americans rely on.
For more details on how federal actions affect Michigan, the Attorney General’s office recommends visiting its Federal Actions Tracker online.