“Neither the President nor any executive branch agency has the power to unilaterally enact, amend, or repeal any statue. This is as true of a statute appropriating funds as it is any other statute,” the lawsuit alleges.
Pennsylvania Gov. Josh Shapiro has filed a lawsuit against the Trump administration, saying that an all-out pause on federal funding has “jeopardized at least $5.5 billion” in assistance.
According to NBC News, the state’s complaint claims that President Donald Trump has violated the Administrative Procedure Act by ordering “an unconstitutional withholding of funds.”
Under the Administrative Procedure Act, judges can prohibit federal government agencies from enforcing policies that are “arbitrary and capricious.”
“Neither the President nor any executive branch agency has the power to unilaterally enact, amend, or repeal any statue. This is as true of a statute appropriating funds as it is any other statute,” the lawsuit alleges. “The President and executive branch agencies have an obligation to execute the laws that have been properly enacted. Defendant agencies’ withholding of appropriated, obligated funds violates these fundamental constitutional tenets and is therefore unconstitutional.”
The Shapiro administration has also taken legal action against other federal agencies, including the Environmental Protection Agency, the Department of the Interior, the Transportation Department, the Energy Department, and the Office of Management and Budget.
“The federal government has entered into a contract with the Commonwealth of Pennsylvania, promising to provide billions of dollars in Congressionally-approved funding that we have committed to serious needs—like protecting public health, cutting energy costs, providing safe, clean drinking water, and creating jobs in rural communities,” Gov. Shapiro said in a statement. “With this funding freeze, the Trump administration is breaking that contract—and it’s my job as Governor to protect Pennsylvania’s interests.”
Shapiro said that its administration had spent weeks trying to negotiate a release of funds, choosing only to file a lawsuit as a last resort.
“While multiple federal judges have ordered the Trump Administration to unfreeze this funding, access has not been restored, leaving my Administration with no choice but to pursue legal action to protect the interests of the Commonwealth and its residents,” Shapiro said.
The governor claims that, despite court rulings to the contrary, the Trump administration is continuing to withhold billions of dollars in funds from Pennsylvania.
“Specifically, Commonwealth agencies cannot draw from federal accounts, which means that agencies are stuck incurring debts and obligations in ongoing projects that cannot be reimbursed,” Shapiro said. “While agencies have some reserves and discretionary dollars to cover small, unexpected debts, the scope of the federal freeze will far exceed those reserves.”
Sources
Pennsylvania Gov. Josh Shapiro sues the Trump administration over funding freeze
Pennsylvania governor sues over Trump administration spending freezes on grants and loans
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