The Public Citizen Litigation Group, representing the AIDS Vaccine Advocacy Coalition (ADAC) and Journalism Development Network, Inc. (JDN), filed a lawsuit in the U.S. District Court for the District of Columbia. The defendants in the case include President Trump, Secretary of State Rubio, OMB Director Russell Vought, the State Department, OMB, and USAID. The lawsuit aims to unfreeze foreign assistance funds and stop work orders.
The lawsuit argues that the President and other executive officials have unlawfully and unconstitutionally exercised their power, disrupting the funding and administration of USAID and other federal foreign assistance programs. This disruption has caused significant harm to the plaintiffs and other involved parties.
The plaintiffs claim that the President and his team have taken unprecedented actions to dismantle an independent agency created by Congress by withholding billions of dollars in foreign assistance funding. These actions have forced businesses to close, left children hungry, exposed populations to deadly diseases, and disrupted the constitutional order.
The plaintiffs assert that these actions violate administrative law, federal statutes, the principle of separation of powers, and the President’s duty to faithfully execute the laws (Take Care Clause). They argue that the President and his subordinates do not have the authority to override enacted statutes and replace Congress’s funding decisions with their own preferences. The court is urged to declare these actions unlawful and to allow the continuation of foreign assistance programs.
A second lawsuit was also filed in the U.S. District Court for the District of Columbia by the law firm Arnold and Porter, representing Global Health Council, Small Business Association for International Companies (SBAIC), HIAS, Management Sciences for Health, Chemonics International, DAI Global, Democracy International, and the American Bar Association. The defendants in this lawsuit are the same as those in the earlier lawsuit filed by Public Citizen Litigation Group.
The basis for the Arnold & Porter lawsuit is similar to the first lawsuit, claiming that the defendants violated administrative law, federal statutes, and principles of separation of powers. They have requested a Temporary Restraining Order (TRO) in anticipation of a full hearing.
There were two reactions to these lawsuits. First, there was relief and appreciation, especially for the plaintiffs who agreed to be named despite possible retaliation by the Administration. Second, while there was hope for a TRO to reinstate the payments, there is a sense that the Administration may pursue the constitutional aspects of these cases to the Supreme Court.
Read the Public Citizen Litigation Group lawsuit here.
Read the Arnold and Porter lawsuit here.