Attorney General Ford Announces Initial Victory in Lawsuit Challenging President Trump’s Illegal Federal Funding Freeze

Carson City, NV – Today, Attorney General Aaron Ford announced an initial victory in his lawsuit challenging President Donald Trump’s Office of Management & Budget’s memo freezing federal grants and loans. Today, a federal judge in Rhode Island issued a temporary restraining order in the lawsuit filed by AG Ford and a coalition of 22 other state attorneys general. The temporary restraining order prohibits the Trump administration from imposing a blanket freeze on federal funding and is valid until the Court rules on a motion for preliminary injunction.

"The rollout of this disastrous and unconstitutional policy has been confusing and chaotic for millions of Nevadans and Americans,” said AG Ford. “I have consistently said that I will defeat President Trump in court if he undertakes illegal or unconstitutional actions, and today’s decision is an example of that. Today’s victory is a win for the everyday Nevadan and for the rule of law.”

The lawsuit, filed by the coalition on Tuesday, January 28, 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 On Wednesday, only hours before an initial hearing in this case, the President hastily rescinded the memo, but public messaging both by the White House Press Secretary and on the White House’s official X account indicated that the funding freeze was still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. Indeed, during the hearing, a lawyer for the Department of Justice argued that since the memo had been rescinded, the states no longer had standing to sue. 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 announced 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. Judge McConnell, in his order, 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.”

Since the order has taken effect, communities and families across Nevada and the country have been harmed. The federal funding that has been frozen supports programs such as:

• WIC, a nutrition program for pregnant parents and infants;
• Head Start, which provides 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 program;
• school meals for low-income students;
• programs supporting homeless veterans reintegrating into our communities;
• programs that help victims of domestic violence seek support making safety plans and exit 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 Office of the Attorney General. Some of the programs which would be impacted under a federal funding freeze include:

• Comprehensive Opioid Stimulant and Substance Use Program (COSSUP) - During the life of the program, 2,183 Nevadans have received supportive services through this grant, and 2,203 pounds of controlled substances have been recovered by local law enforcement. 
• Jabara–Heyer No Hate Grant – This funding establishes the recently announced Statewide Hate Crime Reporting Hotline. 
• Local Law Enforcement Grants for Enforcement of Cybercrimes Program – Immediately established a team with a primary multi-disciplinary focus on preventing, enforcing and prosecuting cybercrimes.

Joining AG Ford in this case are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.

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