Sharing the Facts About Unlawful Attempts to Freeze Federal Funds

After two weeks of uncertainty and disruption to services that support everyday Americans — school children, farmers, veterans, sexual assault victims — a federal judge ordered the executive branch to cease its attempts to stop federal funding of essential services and to comply with a prior court order.

On Feb. 10, U.S. District Judge John J. McConnell Jr. ordered federal agencies to “immediately restore withheld funds”. He found that the administration violated a previously issued temporary restraining order (TRO). McConnell wrote in the Feb. 10 order that the sweeping freeze of federal funds is “likely unconstitutional and has caused and continues to cause irreparable harm to a vast portion of this country.”

The court order, which enforces McConnell’s previous mandate, came amidst ongoing legal challenges to the attempted funding freeze. Two separate TROs have been issued, however reports show some funding remains unavailable — including for Head Start programming that provides basic necessities and care for children, and for crucial medical research into cancer and heart disease through the National Institute of Health.

Impacted funds were previously authorized and allocated to the states by Congress, under its power to determine how federal funds are spent. Courts have now held that the executive branch does not have the legal authority to freeze this federal funding.

The continuing freeze of federal assistance has left Americans without critical services — including Medicaid, job training, and unemployment benefits — and has left state officials without the clarity they need to plan for the future. The Trump administration’s attempt to circumvent Congress, refusal to comply with court orders, and false and concerning statements that the judicial system cannot check executive power present a direct threat to our democracy.

Here are some key takeaways about the federal executive branch’s ongoing attempts to interfere with funding appropriated by Congress:

• All of our leaders have a role to play in making government work for the American people. That includes everyone from the president and his appointees to the officials who govern our states and communities.
  • We have a system of checks and balances in place to stop any one branch of government from seizing the powers given to another branch.
  • That’s how we make sure our government is delivering for the people in every community. But the system only works when people in positions of power respect checks and balances.
• Courts have repeatedly held that the executive branch may not continue their attempt to freeze federal funding. They don’t have the authority.
  • Congress, not the executive branch, allocates federal funding.
  • Despite court orders, congressionally approved federal assistance is still being withheld from organizations and state governments.
• Everyday Americans are paying the price for the administration’s overreach.
  • Parents are suddenly without childcare while Head Start remains closed, community health clinics are laying off staff, job training programs are canceled, and farmers are watching bills pile up — all because of an unconstitutional power grab.
• The executive branch cannot disregard and defy the legislative and judicial branches.
  • The executive branch must respect Congress’s authority in determining how federal funds are spent. And they must comply with the orders from multiple federal judges.
  • At the same time, the president and vice president have made concerning statements about judges not being allowed to curtail the president that should raise the alarm about their intentions.
• State officials are on the front lines of this fight, on behalf of the people.
  • They were elected to focus on serving the people of their states, not be bogged down with responding to unlawful actions by the federal government.
  • The unauthorized freeze would rip funds away from states and limit their ability to protect and serve the people they represent.
  • They’re now stepping up to defend the rule of law in our country and ensure that people continue to benefit from critical programs and services.