Abortion Advocates, Common Cause Sue to End Trump’s ‘Slush’ Fund

The National Abortion Federation and Common Cause are among the latest to sue the Trump administration to halt a nearly $1.8 billion payout to those who’ve allegedly been victimized for supporting the president.

The anti-weaponization fund announced by the Justice Department last week has received pushback from Republicans and Democrats concerned about potential payouts to people convicted in connection with the Jan. 6, 2001, Capitol attack. It also drew a lawsuit from two officers who responded to the riots.

The latest lawsuit alleges the fund is unconstitutional, as it rewards individuals and entities allegedly targeted by democratic lawmakers while ignoring those who have been victimized by President Donald Trump’s administration.

The fund, created as part of an agreement to settle Trump’s lawsuit against the Internal Revenue Service for leaking his and his sons’ tax returns, “improperly differentiates between those claiming persecution by one political party but not the other,” the plaintiffs said in the suit filed May 22 in the US District Court for the Eastern District of Virginia.

“And it creates a mechanism by which those alleging weaponization by Democratic officials or federal employees may petition the Fund for redress from the government, while shutting the door entirely on those who would allege weaponization by Republicans,” according to the complaint .

Thus, while the taxpayer-funded “slush” fund is expected to benefit election deniers convicted of attacking the US Capitol on Jan. 6, 2021, a former Trump administration official convicted of lying to Congress, and anti-abortion activists convicted of violating the Freedom of Access to Clinic Entrances Act, it isn’t available to recompense groups whose interests are contrary to the president’s, including abortion providers, sanctuary cities, and entities dedicated to ensuring election integrity, it said.

This type of viewpoint discrimination and attempt to award certain groups for their beliefs but not others violates the First and Fifth Amendments, the plaintiffs said. The complaint also accused the Justice Department, Acting Attorney General Todd Blanche, and others of violating the separation of powers doctrine and the Administrative Procedure Act and engaging in ultra vires activities.

The plaintiffs asked the court to declare the creation of the anti-weaponization fund unlawful, vacate the fund, and permanently enjoin the defendants from taking any further action to effectuate the fund.

Democracy Forward Foundation represents the plaintiffs.

The DOJ didn’t immediately respond to a request for comment.

The case is Floyd v. Dep’t of Justice, E.D. Va., No. 26-cv-1399, filed 5/22/26.