A federal judge granted a temporary restraining order Thursday that stops the Trump administration from pulling back more than $11 billion in public health funding from state and local health departments.
Judge Mary McElroy of the federal district court in Rhode Island granted a 14-day restraining order to a group of 23 states and the District of Columbia that filed a lawsuit against the Department of Health and Human Services (HHS) earlier this week.
“The likelihood of success on the merits is extremely strong,” McElroy said at the conclusion of the brief hearing, noting that “the record is voluminous … with allegations of irreparable harm” if the funding were to cease.
The states asked for a preliminary injunction and temporary restraining order to stop the cuts from taking effect. The officials claimed the administration acted unlawfully, without any analysis of benefits of the health funding or the dire consequences of termination.
The HHS said the funds, totaling $11.4 billion, were primarily used for COVID-19 response including testing, vaccination and hiring community health workers. Since the pandemic has ended, the HHS said the funds would be rescinded.
The lawsuit argues the federal government does not have the legal authority to unilaterally rescind funding it already allocated, particularly when states have built essential health programs around the commitments.
State and local health department leaders said the money was already in their hands. Even though the grants were initially authorized by COVID relief legislation, they were allowed to be used for non-COVID priorities, including responding to the measles outbreak in Texas.
McElroy, who was appointed by President Trump, suggested scheduling a hearing for the preliminary injunction on April 13 but left it up to the attorneys to come to an agreement.
