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Republican presidential nominee and former President Donald Trump delivers a speech at the National Guard Association of the United States’ 146th General Conference on Monday, Aug. 26, 2024, in Detroit. (AP Photo/Carolyn Kaster)
The Trump administration faces a lawsuit from almost half of the U.S., with attorneys general in 23 states banding together to challenge the president’s decision to cancel $11 billion in “critical public health funding.” This funding was initially distributed during the COVID-19 pandemic and was maintained by Congress.
The group’s complaint claims that “these termination notices … immediately triggered chaos for State and local health jurisdictions.” The complaint further explains that this financial support is vital for a broad range of urgent public health needs including the identification, tracking, and management of infectious diseases; ensuring people have access to immunizations; strengthening emergency preparedness; offering mental health and substance abuse services; and modernizing essential public health infrastructure.
Trump chose to do away with the federal funding late last month, with it being officially scrubbed away on March 24. If the grants are not restored, the attorneys general say, “key public health programs” and initiatives that address “ongoing and emerging public health needs” in the various states that are suing will have to be dissolved or disbanded in the coming weeks and months — with large numbers of state and local public health employees and contractors being shown the door.
The states are targeting the U.S. Department of Health and Human Services and include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Washington, Wisconsin, and the District of Columbia; the governors of Kentucky and Pennsylvania are also suing.
“The result of these massive, unexpected funding terminations is serious harm to public health, leaving Plaintiff States at greater risk for future pandemics and the spread of otherwise preventable disease and cutting off vital public health services,” the states allege. “The Public Health Terminations exceed Defendants’ statutory and regulatory authority and are unlawful under the Administrative Procedure Act (APA).”
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According to the AGs, “the foreseeable end of the COVID-19 pandemic” is not a lawful basis to terminate “for cause” as the Trump administration has done with the public health funding. “Defendants have never alleged, much less demonstrated, any failure by fund recipients to comply with the applicable terms and conditions of the grants and agreements,” their complaint says. “Nor did Congress limit the funding at issue here to the period of the COVID-19 emergency.”
During the pandemic, members of Congress made “wide-ranging public health investments” extending beyond COVID-19 and the immediate public health emergency, according to the states suing Trump. After the pandemic was over, they reviewed COVID-19-related laws and rescinded $27 billion in funds, but chose to leave the $11 billion in place that’s now being targeted, the AGs say.
“The Trump administration’s illegal and irresponsible decision to claw back life-saving health funding is an attack on the well-being of millions of Americans,” New York Attorney General Letitia James said in a statement Tuesday. “Slashing this funding now will reverse our progress on the opioid crisis, throw our mental health systems into chaos, and leave hospitals struggling to care for patients. My office is taking immediate action to stop this heartless and shortsighted move and ensure these life-saving programs remain intact.”
Attempts by Law&Crime to reach HHS for comment were unsuccessful.
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