A federal judge has stopped the Trump administration from pressing pause on federal grants, even after the White House walked back a memo laying out the plans.
In a temporary restraining order issued Friday, Chief Judge John McConnell Jr. of the U.S. District Court for the District of Rhode Island sided with Democratic state attorneys general who had argued in a Wednesday hearing that the funding freeze was still a live controversy, despite the rescission of the memo from the Office of Management and Budget.
The restraining order from McConnell, an Obama appointee, remains in effect until further order from the court. It allows the Trump administration to continue review of funding programs, as identified in the OMB memo, but bars the government from withholding the money.
McConnell blocked the administration from giving effect to the OMB memo by any other name or title — including in the manner proposed Wednesday by White House press secretary Karoline Leavitt upon announcement of the memo’s rescission.
“The Executive Orders issued by the President on funding reviews remain in full force and effect and will be rigorously implemented by all agencies and departments,” Leavitt said at the time. “This action should effectively end the court case and allow the government to focus on enforcing the President’s orders on controlling federal spending. In the coming weeks and months, more executive action will continue to end the egregious waste of federal funding.”
The Justice Department had argued in Rhode Island District Court that the states no longer had a case after the withdrawal of the OMB memo and that the federal government has authority to temporarily restrict funding.
Earlier this week, a federal judge in Washington issued a separate temporary restraining order against OMB’s instructions, minutes before the funding freeze had been set to take effect. The order, which is set to expire Monday, prompted the White House to walk back OMB’s memo, and DOJ has since asked the court to dismiss the case.
McConnell required the Trump administration to notify all agency employees, contractors and funding recipients of his court’s order by 9 a.m. EST Monday.
New York Attorney General Letitia James (D) applauded the court order that she said halted the Trump administration’s “cruel policy.”
“The President cannot unilaterally halt congressional spending commitments,” she said. “I will continue to fight against these illegal cuts and protect essential services that New Yorkers and millions of Americans across the country depend on.”
