* Background from yesterday…
A Federal district court judge in Rhode Island is continuing to weigh the legality of the Trump administration’s move earlier this week to freeze trillions in congressionally approved Federal funding despite the administration’s action on Wednesday to rescind the order that authorized the freeze effort.
On Monday, the Office of Management and Budget (OMB) declared a freeze on most Federal grant and loan program payments with an aim to defund Federal programs that don’t align with the president’s agenda – creating nearly universal confusion as agencies and funding recipients alike scrambled to fall into compliance with the order and understand how it would impact them.
Subscribers had access to the proposed TRO from the various state attorney general plaintiffs as well as the response from the federal government.
* Chief Judge John J. McConnell, Jr. of the United States District Court for the District of Rhode Island today…
In Count I, the States allege that the Executive’s actions by the Office of Management and Budget (“OMB”) violate the Administrative Procedure Act (“APA”) because Congress has not delegated any unilateral authority to the Executive to indefinitely pause all federal financial assistance without considering the statutory and contractual terms governing these billions of dollars of grants.
In Count II, the States allege that the Executive’s actions violate the APA because the failure to spend funds appropriated by Congress is arbitrary and capricious in multiple respects.
In Count III, the States allege that the failure to spend funds appropriated by Congress violates the separation of powers because the Executive has overridden Congress’ judgments by refusing to disburse already-allocated funding for many federal grant programs.
In Count IV, the States allege a violation of the Spending Clause of the U.S. Constitution. U.S. Const. art. I, § 8, cl. law 1.
And in Count V, the States allege a violation of the presentment (U.S. Const. art. I, § 7, cl. 2), appropriations (U.S. Const. art. I, § 7), and take care clauses (U.S. Const. art. II, § 3, cl. 3) (the Executive must “take care that the laws be faithfully executed . . .”)
* More…
The Court finds that, based on the evidence before it now, some of which is set forth below, the States are likely to succeed on the merits of some, if not all, their claims. The reasons are as follows:
• The Executive’s action unilaterally suspends the payment of federal funds to the States and others simply by choosing to do so, no matter the authorizing or appropriating statute, the regulatory regime, or the terms of the grant itself. The Executive cites no legal authority allowing it to do so; indeed, no federal law would authorize the Executive’s unilateral action here.
• Congress has instructed the Executive to provide funding to States based on stated statutory factors—for example, population or the expenditure of qualifying State funds. By trying to impose certain conditions on this funding, the Executive has acted contrary to law and in violation of the APA.
• The Executive Orders threaten the States’ ability to conduct essential activities and gave the States and others less than 24 hours’ notice of this arbitrary pause, preventing them from making other plans or strategizing how they would continue to function without these promised funds.
• Congress appropriated many of these funds, and the Executive’s refusal to disburse them is contrary to congressional intent and directive and thus arbitrary and capricious.
• 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.
* Reasoning…
The Executive’s statement that the Executive Branch has a duty “to align Federal spending and action with the will of the American people as expressed through Presidential priorities,” (ECF No. 48-1 at 11) (emphasis added) is a constitutionally flawed statement. The Executive Branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through “Presidential priorities.” U.S. Const. art. II, § 3, cl. 3 (establishing that the Executive must “take care that the laws be faithfully executed . . .”). Federal law specifies how the Executive should act if it believes that appropriations are inconsistent with the President’s priorities–it must ask Congress, not act unilaterally. The Impoundment Control Act of 1974 specifies that the President may ask that Congress rescind appropriated funds.3 Here, there is no evidence that the Executive has followed the law by notifying Congress and thereby effectuating a potentially legally permitted so-called “pause.” […]
Justice Brett Kavanaugh wrote when he was on the D.C. Circuit:
Like the Commission here, a President sometimes has policy reasons (as distinct from constitutional reasons, cf. infra note 3) for wanting to spend less than the full amount appropriated by Congress for a particular project or program. But in those circumstances, even the President does not have unilateral authority to refuse to spend the funds. Instead, the President must propose the rescission of funds, and Congress then may decide whether to approve a rescission bill. […]
The Court finds that the record now before it substantiates the likelihood of a successful claim that the Executive’s actions violate the Constitution and statutes of the United States.
The Court now moves on to the remaining three injunction considerations.
Irreparable Harm
The States have put forth sufficient evidence at this stage that they will likely suffer severe and irreparable harm if the Court denies their request to enjoin enforcement of the funding pause. […]
Balance of the Equities and Public Interest
As the Court considers the final two factors, the record shows that the balance of equities weighs heavily in favor of granting the States’ TRO. […]
Mootness
The Defendants now claim that this matter is moot because it rescinded the OMB Directive. But the evidence shows that the alleged rescission of the OMB Directive was in name-only and may have been issued simply to defeat the jurisdiction of the courts. The substantive effect of the directive carries on.
“Quoting Kavanaugh was genius,” said a pal today.
* Conclusion…
Consistent with the findings above, and to keep the status quo, the Court hereby ORDERS that a TEMPORARY RESTRAINING ORDER is entered in this case until this Court rules on the States’ forthcoming motion for a preliminary injunction, which the States shall file expeditiously.
During the pendency of the Temporary Restraining Order, Defendants shall not pause, freeze, impede, block, cancel, or terminate Defendants’ compliance with awards and obligations to provide federal financial assistance to the States, and Defendants shall not impede the States’ access to such awards and obligations, except on the basis of the applicable authorizing statutes, regulations, and terms.
If Defendants engage in the “identif[ication] and review” of federal financial assistance programs, as identified in the OMB Directive, such exercise shall not affect a pause, freeze, impediment, block, cancellation, or termination of Defendants’ compliance with such awards and obligations, except on the basis of the applicable authorizing statutes, regulations, and terms.
Defendants shall also be restrained and prohibited from reissuing, adopting, implementing, or otherwise giving effect to the OMB Directive under any other name or title or through any other Defendants (or agency supervised, administered, or controlled by any Defendant), such as the continued implementation identified by the White House Press Secretary’s statement of January 29, 2025.
Defendants’ attorneys shall provide written notice of this Order to all Defendants and agencies and their employees, contractors, and grantees by Monday, February 3, 2025, at 9 a.m. Defendants shall file a copy of the notice on the docket at the same time.
Defendants shall comply with all notice and procedural requirements in the award, agreement, or other instrument relating to decisions to stop, delay, or otherwise withhold federal financial assistance programs.
The TRO shall be in effect until further Order of this Court. A preliminary hearing, at which time the States will have to produce specific evidence in support of a preliminary injunction, will be set shortly at a day and time that is convenient to the parties and the Court.
*** UPDATE 1 *** Speaker Chris Welch…
The Trump administration’s unlawful order should never have been issued. I’m grateful to Attorney General Raoul’s leadership in this fight for the resources families need to make ends meet, afford rent, put food on the table, and get ahead.
*** UPDATE 2 *** Gov. JB Pritzker…
As I’ve said since it was released and as was previously supported by Tuesday afternoon’s action in court, these cuts were a blatantly illegal power grab intended to cripple programs that provide essential services for millions of the most vulnerable Americans. This ruling specifically calls out the falsehood told by the White House Press Secretary that the retraction of the order does not affect the intent to cut funding. I’m grateful to Illinois Attorney General Raoul and the other Attorney’s General who brought this action, and I pledge to continue to fight unlawful and harmful authoritarian actions like these on behalf of Illinoisans
*** UPDATE 3 *** Comptroller Mendoza…
Millions of Illinois residents, young and old, urban and rural, Republican and Democrat, who receive federally funded state services can be thankful that a federal judge today blocked the Trump administration’s confusing, unconstitutional and dangerous funding freeze.
The constitution empowers the president to align federal spending with Congressional appropriations, not presidential priorities, the judge wrote.
Veterans and poor people who need health care in all 102 counties of Illinois, college students trying to finish their semesters, and school kids in Head Start programs should not be held hostage to political games.
Even as presidential staff try to backpedal, this week has been filled with panic for our most vulnerable residents. These actions create chaos rather than stability and predictability, putting American lives at risk.
My office is closely monitoring the situation and will keep getting payments out as fast as we can.
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* Lots going on right now…
Illinois is a bit below the national birth rate average (51.8 births per 1,000 women here vs. 54.5 nationally). So, not good for us, unless and until someone successfully sues.
But here’s something to think about: Nationally, live birth rates for ages 15-19 fell by 67 percent between 2005 and 2023, from 39.7 births per 1,000 women, to 13.2 That has been one of the top drivers of lowering the overall birthrate.
Illinois does pretty well on that measurement. In 2023, for example, just 3.5 percent of all live births were delivered by those under 20 years old. Here are the same results for the surrounding states which would qualify for those additional USDOT funds…
Minnesota, man. I really wish we could be more like that state.
* OK, let’s move along. Chalkbeat…
President Donald Trump issued an executive order on Wednesday seeking to withhold federal funding from K-12 schools that teach “discriminatory equity ideology” or “gender ideology.”
The order defines discriminatory equity ideology as anything “that treats individuals as members of preferred or disfavored groups” rather than as individuals. That includes the idea that people can be inherently privileged or oppressed because of their race or gender, which likely targets concepts such as white privilege. […]
Federal funding accounts for about 8% to 10% of funding for K-12 schools but can represent a much larger portion in high-poverty schools and districts. […]
It’s also unclear whether the federal government has the authority to do this. Federal law prohibits federal officials from telling schools what they can and cannot teach. The American education system is set up such that decisions about what kids should learn are made at the local level.
So, maybe expect another lawsuit.
* More from the article…
On Tuesday, the Department of Education opened a civil rights investigation into a Denver high school that converted a girls’ restroom to an all-gender restroom based solely off a local news report, rather than a formal complaint. That probe could be a preview of how the federal government might deal with schools that the Trump White House believes are ignoring or somehow flouting the executive order, without a time-consuming complaint or investigative process.
Coming to a school near you.
* Also, I’m still waiting to hear back from the Illinois State Board of Education on the potential loss of funds if this executive order stands…
President Donald Trump signed an executive order Wednesday that aims to steer large amounts of federal money away from public schools and toward private-school vouchers and other “educational alternatives.” […]
The executive order sidesteps Congress and directs the U.S. Department of Education and the U.S. Department of Health and Human Services to find ways to take existing money that goes to public schools, child care providers, and nonprofits and give it to families to use at private schools or for homeschooling expenses. […]
The order also directs the Department of Education to prioritize school choice programs in its discretionary grants.
The state board didn’t even give me the courtesy of acknowledging receipt of my question.
…Adding… The state board of education finally got back to me…
Hi Rich,
We do not have a definition of discretionary to make this determination and have not been provided any guidance on this issue from the U.S. Department of Education.
* Let’s move on to a locally filed lawsuit. Click here to see the amended complaint. From the Illinois Coalition for Immigrant and Refugee Rights…
– On Wednesday, Chicago organizers withdrew pending motions requesting an emergency court order against the Trump administration’s raids in Chicago. Given that the Trump administration, Immigration and Customs Enforcement (ICE), and a host of deputized federal law enforcement agencies have already begun their operations in Chicago, organizers will focus on responding to the immediate needs of communities while gathering additional evidence about the wide scope of rights violations federal law enforcement is creating in Chicagoan communities. These violations are far beyond the First Amendment violations alleged in this lawsuit.
The lawsuit will remain active while organizers engage in widespread outreach and fact finding on the ground. Local groups are committed to sharing vital know-your-rights information with local immigrant communities, monitoring immigration enforcement operations in Chicago, and growing the sanctuary movement even in the face of repression and the chilling effect from the Trump administration. […]
Filed on January 25, the lawsuit was brought forth by Just Futures Law, Community Justice Civil Rights Clinic of Northwestern Pritzker School of Law, and MK Law on behalf of four organizational plaintiffs: Organized Communities Against Deportation (OCAD), Illinois Coalition for Immigrant and Refugee Rights (ICIRR), Brighton Park Neighborhood Council (BPNC), and Raise the Floor Alliance (RTF). In the filing, groups claim President Trump’s animosity toward sanctuary cities motivates his administration’s plan to unconstitutionally target and conduct raids in Chicago, a violation of groups’ First Amendment rights, an attempt to quash the sanctuary movement.
* And here’s another one, this time from AFSCME…
Today, the American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME), represented by Democracy Forward and Bredhoff and Kaiser PLLC, filed suit against the Trump administration challenging efforts to politicize the civil service through illegal executive orders.
The lawsuit asserts that President Trump illegally exceeded his authority in attempting to unilaterally roll back a regulation that protects the rights of civil servants. The suit also names the Office of Personnel Management for its role in failing to adhere to the Administrative Procedure Act in its attempts to roll back this same regulation.
“AFGE is filing suit with our partner union today to protect the integrity of the American people’s government,” said AFGE National President Everett Kelley. “Together, we can stop the efforts to fire hundreds of thousands of experienced, hard-working Americans who have dedicated their careers to serving their country and prevent these career civil servants from being replaced with unqualified political flunkies loyal to the president, but not the law or Constitution.”
“Schedule F is a shameless attempt to politicize the federal workforce by replacing thousands of dedicated, qualified civil servants with political cronies,” said AFSCME President Lee Saunders. “Our union was born in the fight for a professional, non-partisan civil service, and our communities will pay the price if these anti-union extremists are allowed to undo decades of progress by stripping these workers of their freedoms. Together, we are fighting back.”
The lawsuit is here.
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Isabel’s afternoon roundup (Updated)
Wednesday, Jan 29, 2025 - Posted by Isabel Miller
* A little déjà vu yesterday…
...Adding… Pritzker had a little fun with Elon’s adolescent joke…
* The Illinois Generative AI Task Force…
Today, the Illinois Generative AI and Natural Language Processing Task Force released a new report that provides the first in-depth analysis by the state on the far-reaching effects of generative AI on civil rights, education, labor, consumer protections, and the environment. The report outlines critical recommendations for AI regulations and standards in Illinois.
Task force members, led by co-chairs Rep. Abdelnasseer Rashid (D-Bridgeview) and Sen. Robert Peters (D-Chicago), Secretary Sanjay Gupta of DoIT, labor leaders representing AFSCME Council 31, SAG-AFTRA, and joined by Rep. Jennifer Gong-Gershowitz (D-Glenview), the ACLU and others, held an event on Wednesday to announce the report.
“This report serves as both a call to action and a roadmap for ensuring that generative AI is harnessed responsibly in Illinois,” said Rep. Adelnasser Rashid, co-chair of the task force, “We need to foster innovation, while safeguarding against the very real risks that AI poses to privacy, equity, and public trust. Technology can be used to uplift – but only if there is transparency and accountability.” […]
Key recommendations include:
- Supporting Workers: Implementing proactive measures to reskill workers, protect labor rights, and mitigate economic displacement caused by AI automation.
- Safeguarding Civil Rights: Cracking down on algorithmic discrimination in hiring, housing, banking, healthcare, and other industries to ensure that AI does not perpetuate and amplify systemic bias and racism.
- Protecting Democracy: Regulating the use of deepfakes in political ads and communications to safeguard against misinformation and inference in our elections.
- Enhancing Privacy and Consumer Rights: Strengthening data protection laws and implementing privacy-first principles in AI applications to safeguard consumers’ rights and data.
- Fostering Sustainable AI Development: Encouraging the development of energy-efficient, low-carbon AI technologies to minimize environmental impacts. […]
Rep. Rashid will be asking the General Assembly to extend the task force into the future to allow for ongoing monitoring of the effects of AI in Illinois.
Click here for the full report.
*** Statehouse News ***
* Capitol News Illinois | State lawmakers weigh TikTok’s value: Rep. Patrick Sheehan, R-Lemont, posted his only two videos to TikTok in January. He said he likes comedy, recipe and workout videos, and he wants to reach out to his constituents. “My kids are on the platform, and they kept saying ‘Hey, you know, RFK Jr. is on the platform, and we see his videos everywhere. Now President (Donald) Trump’s on the platform, he’s everywhere, Joe Biden’s everywhere,” Sheehan said. “So, I got kind of interested in seeing how they were reaching out to a whole different type of audience, so I decided to get on.” Sheehan said he wasn’t concerned about using TikTok right now, despite the national security concerns.
* Tribune | State lawmakers move measure aimed at protecting warehouse workers amid complaints that demands for speed hinder safety: The measure, passed by state lawmakers earlier this month, is in response to reports that warehouse workers are too often pushed beyond their physical limits. In December, Amazon reached a $145,000 settlement with the U.S. Occupational Safety and Health Administration over accusations that conditions at an Illinois warehouse left workers exposed to elevated risks of injury. If Pritzker signs the bill into law, Illinois would join five other states that have similar measures on the books and dozens of others that have introduced legislation attempting to address warehouse workplace issues.
* IDPH | IDPH Awards $4.5 Million in Grants to Support Governor Pritzker’s Birth Equity Efforts Across Illinois: The Illinois Department of Public Health (IDPH) announced it has awarded $4.5 million to 12 groups across the state funded through Governor JB Pritzker’s 2024 Birth Equity Initiative. The grants, ranging from $100,000 to $700,000, were awarded through a competitive process and are designed to support innovative, community-based efforts that have the potential to reduce inequities in populations historically at higher risk for adverse birth outcomes. “Illinois has one of the most robust birth equity initiatives in the entire nation and today’s announcement brings us closer to a state where every mother – no matter her race, economic status, or ZIP code – is afforded the right to a safe and healthy pregnancy,” said Governor JB Pritzker. “We’re grateful to our community-based grantees who are assisting pregnant women and families to drive healthier births, improve long-term health outcomes and create more culturally responsive care infrastructure.”
*** Statewide ***
* KWQC | Illinois, Iowa eighth grade reading scores among highest in US on report card: But Illinois and Iowa showed mostly steady results, and eighth graders excelled in reading. Only two states scored higher than Illinois, and three in Iowa. Overall, Illinois is doing fairly well, especially compared to the national average. Math has seen a little improvement, but reading is staying steady with slight dips. Overall, Iowa shows steady results but with slight declines, especially in math and reading over the years, but it’s still performing better than the national average in most areas.
* Tribune | Advocate Health Care closing all 47 of its clinics inside Illinois Walgreens stores: Advocate noted that, as part of a recently announced plan to overhaul how it provides care on the South Side of Chicago, it will open care locations in churches and community centers where advanced practice providers (such as nurse practitioners or physician assistants) will address common needs such as colds, sore throats, flu and chronic disease management, over video calls. It also plans to expand services at its Imani Village outpatient clinic on the South Side.
*** Chicago ***
* Crain’s | Fritz Kaegi has finalized his Chicago property assessments. Now come the appeals: Commercial property values in Chicago grew last year by more than residential ones, according to new numbers from Cook County Assessor Fritz Kaegi, suggesting some of the local property tax burden will shift from homeowners to landlords when bills come out later this year. But that’s all likely to change in the months ahead. Kaegi today released the final figures from his 2024 reassessment of all Chicago properties, estimates that show the total assessed values of real estate citywide grew by 23% between 2023 and 2024.
* Unraveled | Cop who shot and killed Dexter Reed quits amid investigations: Officer Alexandra Giampapa, who played a lead role in the deadly traffic stop that killed Dexter Reed, Jr. last year, has resigned from the department as investigations into past misconduct mount. She was one of four CPD officers who fired at the 26-year-old during a traffic stop on March 21, 2024. Police records obtained via Freedom of Information Act request show the five-year veteran resigned from the department on November 17. Her resignation comes months after the Civilian Office of Police Accountability opened new investigations into a pattern of dozens of other potentially unlawful investigatory stops conducted by Giampapa and her team. Two weeks after her resignation, city lawyers tentatively reached an undisclosed settlement with Reed’s family.
* Sun-Times | Chicago’s shuttered Pitchfork Fest faced escalating costs, ‘compromises’ in bookings, co-founder says: Mike Reed says he felt increased pressure from Condé Nast, the festival’s new owners, to chase after commercial pop acts such as Justin Bieber or Demi Lovato, signaling to him they were unaware of the alternative nature of the music that made Pitchfork special in the first place.
* Crain’s | Griffin Museum of Science & Industry lands $10M grant to renovate historic South Portico: The project, which is supported by the grant from the Richard H. Driehaus Foundation — the largest donation in the foundation’s history — aims to increase accessibility to the museum, add modern amenities such as a cafe and create a new public space connecting the museum to the Columbian Basin and the rest of Jackson Park.
*** Cook County and Suburbs ***
* Lake County News-Sun | Waukegan hospital asks court to remove coroner from death investigation; accuses her of ‘vendetta’: Reacting to what it believes is a vendetta against Vista Medical Center East in Waukegan, Vista Health Systems sued Lake County Coroner Jennifer Banek Tuesday while seeking an independent investigation into the death of hospital patient Chelsea Adolphus of Waukegan. […] For the past year, Spiegel said Banek has posted critical and “false” remarks about the hospital on a dedicated social media page after she was relieved of her duties as a nurse anesthetist at Vista.
* Sun-Times | Cook County sends first installment of tax bills to 1.8 million property owners: Property owners can choose to make payments online at cookcountytreasurer.com. Over 12,000 owners have paid through the website, totaling $64 million in online payments. “Each year more and more people use our website to pay their property tax bills online,” Pappas wrote in a statement. “People like the convenience of paying online and not having to come downtown to pay in person or write a check and pay for postage.”
* Patch | Man Taken By ICE In Lake Co. Arrested For DUI 20 Years Ago: Family: A Waukegan father and grandfather who came to the United States from Mexico more than 30 years ago — and who was charged with a DUI more than 20 years ago — was arrested by ICE over the weekend. His daughter, Yenitza, told the Lake County News-Sun Andres Marquina obtained a green cardafter coming to the U.S., worked in a warehouse and raised a family in the U.S. He was working with an attorney to get the driving while under the influence charge expunged from his record.
* ABC Chicago | Elgin family says undocumented man who had not committed any crimes taken into custody: Less than an hour later nearby, officers, including ICE, smashed a car window to take another man into custody. After asking the man in the passenger seat to get out of the car, the window was smashed in Elgin early Tuesday morning. The man was on the phone with his wife as it was happening.
*** Downstate ***
* WAND | Sangamon County Juvenile Detention reopens: The Sangamon County Juvenile Detention is reopening after more than a year. The facility had been shut down after an armed teenager took another juvenile hostage and was killed by police officers in the fall of 2023. Kent Holsopple, the Director of Probation and Court Services, said Sangamon County worked closely with the Administrative Office of Illinois Courts to reopen the Juvenile Detention Center. “With the new security measures in place, including the use a body scanner, and adequate staffing levels the Administrative Office gave approval for Sangamon County to begin accepting juveniles who meet criteria for detention. Over the next 45 to 60 days as we proceed with the reopening we will work toward bringing juveniles currently being held in other counties back to Sangamon County,” Holsopple said in a statement.
* Sun-Times | Eastern Illinois University student dies in off-campus shooting after ‘disarming’ police officer: When officers arrived, they encountered Yahacov Dennis, 22. “A rapidly evolving event” then took place, and Dennis disarmed a police officer of his gun before turning it on himself and firing, police said. […] In a message shared on X, state Rep. Kam Buckner, Dennis’ cousin, said he was devastated by the loss. “While there are still more questions than answers, one thing that is certain is how deeply we loved him,” Buckner said.
*** National ***
* ABC | Fact-checking RFK Jr.’s claims on vaccines, pesticides at confirmation hearing: Claim: Kennedy: ‘I probably did say, Lyme disease is “highly likely a militarily engineered bioweapon”‘Context: Lyme disease is caused by a type of bacteria and spreads through the bite of blacklegged ticks.
* AP | Fed hold rates steady, says job market is solid, inflation ’somewhat elevated: The Federal Reserve left its benchmark interest rate unchanged Wednesday after cutting it three times in a row last year, a sign of a more cautious approach as the Fed seeks to gauge where inflation is headed and what policies President Donald Trump may pursue. The Fed reduced its rate last year to 4.3% from 5.3%, in part out of concern that the job market was weakening. Hiring had slowed in the summer and the unemployment rate ticked up, leading Fed officials to approve an outsized half-point cut in September. Yet hiring rebounded last month and the unemployment rate declined slightly, to a low 4.1%.
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* NBC News Senior National Political Reporter…
Should be fun watching how all the cheerleaders for that unconstitutional nonsense yesterday react now - or whether the White House doubles down in a different way.
If you want to cut the federal budget, you gotta pass a bill.
The original memo is here, and the spreadsheet with impacted programs is here.
…Adding… More from NBC…
A senior administration official confirmed to NBC that the original OMB memo is rescinded, and said that additional guidance is to come.
…Adding… People are already rushing to their favorite reporters to take credit. From The Hill…
The decision came amid strong behind-the-scenes pushback from Republican lawmakers on Capitol Hill, according to a GOP senator who was apprised of the decision to reverse the policy order. […]
GOP senators had been flooded with calls from community leaders who expressed confusion and concern about losing federal grants.
…Adding… NY Times…
Karoline Leavitt, the White House press secretary, emailed the following statement after the retraction of the funding memo:
“In light of the injunction, OMB has rescinded the memo to end any confusion on federal policy created by the court ruling and the dishonest media coverage. 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. 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 “dishonest media coverage.” Hilarious. Leavitt couldn’t answer questions about it yesterday.
They could’ve done funding reviews without unilaterally (and unconstitutionally) cutting off funding. This was such an unnecessarily cruel plan that was doomed to failure.
…Adding… This is from the EO on government funding…
Each agency, department, or commission head, in consultation with the Attorney General, the Director of OMB, and the Director of OPM, as appropriate, shall take the following actions within sixty days of this order:
terminate, to the maximum extent allowed by law, all DEI, DEIA, and “environmental justice” offices and positions (including but not limited to “Chief Diversity Officer” positions); all “equity action plans,” “equity” actions, initiatives, or programs, “equity-related” grants or contracts; and all DEI or DEIA performance requirements for employees, contractors, or grantees.
provide the Director of the OMB with a list of all:
agency or department DEI, DEIA, or “environmental justice” positions, committees, programs, services, activities, budgets, and expenditures in existence on November 4, 2024, and an assessment of whether these positions, committees, programs, services, activities, budgets, and expenditures have been misleadingly relabeled in an attempt to preserve their pre-November 4, 2024 function;
Federal contractors who have provided DEI training or DEI training materials to agency or department employees; and
Federal grantees who received Federal funding to provide or advance DEI, DEIA, or “environmental justice” programs, services, or activities since January 20, 2021.
direct the deputy agency or department head to:
assess the operational impact (e.g., the number of new DEI hires) and cost of the prior administration’s DEI, DEIA, and “environmental justice” programs and policies; and
recommend actions, such as Congressional notifications under 28 U.S.C. 530D, to align agency or department programs, activities, policies, regulations, guidance, employment practices, enforcement activities, contracts (including set-asides), grants, consent orders, and litigating positions with the policy of equal dignity and respect identified in section 1 of this order. The agency or department head and the Director of OMB shall jointly ensure that the deputy agency or department head has the authority and resources needed to carry out this directive.
So, unless they want another court fight, they won’t be terminating much of anything. And the rest is what they should’ve been doing in the first place: Examining spending and reporting back to OMB.
…Adding… This is a different judge in the state attorneys general lawsuit…
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