Washington DC—In an emergency request, attorneys general from 22 states petition US District Judge Jack McConnell to enforce a “clear and unambiguous” court order blocking Trump administration agencies from continuing a freeze on federal funds. The AGs accuse President Trump, the Office of Management and Budget (OMB), and several other federal agencies of not fully complying with a temporary restraining order issued on January 31.
The lawsuit stems from a memo issued by OMB directing all agencies to temporarily freeze all grants and loans, thus halting disbursements from the US Treasury and causing chaos nationwide. States were left in the lurch with critical services unfunded. Amid public outcry, lawsuits were filed. OMB then rescinded the memo just before a hearing to consider a temporary restraining order. The case appeared to be moot.
But when White House press secretary Katharine Leavitt caused confusion by announcing that the OMB memo hadn’t been rescinded after all, Judge McConnell wasn’t convinced that a restraining order wasn’t necessary. A court orderdirected the OMB to unfreeze funds until a preliminary injunction could be considered.
The AGs claim that “the situation hasn’t changed at all” in the week since the order was issued, even though it is in full force and effect. While some funding has resumed, the administration is not in compliance. The motion says that “overwhelming” evidence shows that the administration is selectively withholding funds appropriated in the Inflation Reduction Act and the Infrastructure Investment and Jobs Act—two of former President Biden’s major achievements–and programs addressing climate change.
But the Department of Justice (DOJ) contends that release of the funds is only paused because of operational and administrative delays, and they don’t constitute a violation. But plaintiffs argue that if they turned off funding all at once, they should be able to turn it back on without delay. The DOJ also argues that agencies not named as defendants in the lawsuit are not subject to the temporary restraining order.
A hearing on a preliminary injunction to keep the restraining order in place during court proceedings has yet to be scheduled.
The Office of Management and Budget (OMB) oversees the performance of federal agencies, and administers the federal budget.
UPDATE 1600 EST, February 10, 2025:
The US District Court agreed that the Trump administration has improperly continued to freeze funds and granted the request for enforcement. If defendants fail to comply, they may be held in contempt of court.
