US judge blocks Trump funding freeze, saying White House 'put itself above Congress'

US judge blocks Trump funding freeze, saying White House 'put itself above Congress'

Judge says Trump effort 'fundamentally undermines' separation of powers

​​​​​​​By Michael Hernandez

WASHINGTON (AA) - A US federal judge extended his block Thursday on President Donald Trump's attempt to impose a blanket freeze on billions of dollars in congressionally appropriated funding for federal grants, loans and government programs.

US District Court Judge John McConnell said the lawsuit brought by 22 Democratic-led states and the District of Columbia centers on the fundamental separation of power enshrined in the Constitution, ruling the president has violated the principle by mandating a "categorical" freeze on funding appropriated and obligated by Congress.

"The Executive’s categorical freeze of appropriated and obligated funds fundamentally undermines the distinct constitutional roles of each branch of our government," McConnell wrote in his 45-page order. "Here, the Executive put itself above Congress."

"The Court is not limiting the Executive’s discretion or micromanaging the administration of federal funds. Rather, consistent with the Constitution, statutes, and caselaw, the Court is simply holding that the Executive’s discretion to impose its own policy preferences on appropriated funds can be exercised only if it is authorized by the congressionally approved appropriations statute," he added.

The ruling comes after Trump's Office of Management and Budget (OMB) circulated a memo to all federal agencies in January instructing them to halt all funding for federal grants until they could be reviewed to determine whether they comply with the president's policy priorities.

The move set off widespread confusion across the country as states grappled with a major curtailment in federal funding, and while the Trump administration rescinded that memo, it has continued its review.

McConnell said in February that the administration had not fully complied with his earlier temporary restraining order that blocked the funding freeze as he instructed it to "immediately restore frozen funding."

His new temporary injunction prohibits agencies "from reissuing, adopting, implementing, giving effect to, or reinstating under a different name the directives in" the memo.

He further directed the OMB to inform all government agencies of his ruling, telling them they "may not take any steps to implement, give effect to, or reinstate under a different name or through other means the directives in the OMB Directive with respect to the disbursement or transmission of appropriated federal funds to the States under awarded grants, executed contracts, or other executed financial obligations."

An appeal from the Trump administration is all but guaranteed.




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