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Democratic-led States Challenge Trump's Ability to Slash Grant Funding

Democratic state attorneys filed a suit on Tuesday, asking a court to declare that the Republican administration of President Donald Trump has been using a tool to cancel federal grant funding in an illegal manner.

Attorneys general from 20 states, the District of Columbia and Pennsylvania joined forces with the governor of Pennsylvania to file a lawsuit in Boston Federal Court to challenge the administration's reliance upon a regulation that the White House Budget Office adopted during Trump’s first term which strengthened the agencies' ability to cancel grant awards.

The White House Office of Management and Budget, in its 2020 regulation, states that federal agencies may terminate a grant when it no longer "accomplishes the program goals or agency priority."

This language has been used by the Trump administration to cancel billions in federal funding for states and non-profits, as part of their efforts to reduce federal support for a variety of projects, such as those that it considers to be supporting diversity, inclusion, and climate change preparedness.

Elon Musk, the billionaire who founded the Department of Government Efficiency (DGE), a major player in Trump's campaign to cut federal spending, was responsible for the DGE.

States, nonprofits, and others have brought a variety of lawsuits to challenge these grant terminations.

Last week, a Boston judge sided with Democratic states and declared that the termination of hundreds of grant applications by the National Institutes of Health because of their perceived connection to diversity-related issues was illegal.

In court, the administration argued that it was within its rights to freeze and cancel grants which did not reflect new priorities of agencies following Trump's inauguration in January.

The state attorneys general, however, argue that the Trump administration can't rely on OMB regulations to overrule the laws Congress passed appropriating grant funds.

Letitia J. James, New York's Attorney General, said that Congress has the power to fund programs. The president can't cut billions of dollar of funding just because he does not like them.

According to them, the regulations only allow agencies to terminate grants if additional evidence shows that it is ineffective for achieving program objectives. They asked the judge to declare that the rule prohibits termination of grants based on newly identified agency priorities after the grant has been awarded.

The White House has not responded to a comment request. (Reporting and editing by Alexia Garamfalvi, Aurora Ellis and Nate Raymond from Boston)

(source: Reuters)