- Power over appropriated funds belongs to Congress, not Trump
- One of several legal challenges to Trump executive orders
Federal agencies can’t implement President
Washington state, Minnesota, Oregon, and Colorado showed they and their providers have been harmed by the executive orders even though they haven’t yet lost any federal money, Judge Lauren J. King of the US District Court for the Western District of Washington said Feb. 28.
King converted a temporary restraining order into a preliminary injunction that will remain in effect until trial.
The lawsuit is part of a wave of litigation challenging the myriad executive orders Trump adopted during the first few weeks of his term, including those purporting to end birthright citizenship; eliminate federal diversity, equity, inclusion, and accessibility programs; and freeze foreign aid.
The gender-affirming care case challenges a Jan. 20 order that sets forth a federal policy “to recognize two sexes, male and female,” and a Jan. 28 order prohibiting the agencies from funding, sponsoring, promoting, assisting, or supporting a child’s transition.
The orders expand on states’ efforts to ban gender-affirming care for minors by making access to treatment virtually impossible on a nationwide basis.
The states are likely to win on the merits because the orders step on Congress’ authority to appropriate funds under the separation of powers doctrine. They also flout the equal protection clause by facially discriminating against both minor and adult transgender people, King said.
The states demonstrated that the orders will cause irreparable harm by shutting down federal grant funds that aren’t used in connection with transgender care.
The order followed a hearing on the states’ preliminary injunction motion earlier in the day.
Her Feb. 14 TRO came just one day after Judge Brendan Abell Hurson of the US District Court for the District of Maryland blocked the orders’ implementation.
Hurson extended his TRO until at least March 5, according to a docket entry.
The Washington, Minnesota, Oregon, and Colorado attorneys general offices represent the states. The US Department of Justice represents the federal government.
The case is Washington v. Trump, W.D. Wash., No. 25-244, 2/28/25.
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