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Tag: unconstitutional

Shapiro latest Democrat suing ‘unconstitutional’ Trump admin

Pennsylvania Governor Josh Shapiro sued President Donald Trump’s administration on Thursday to unfreeze federal funds. Pennsylvania is now one of at least 24 states and the District of Columbia with lawsuits challenging Trump’s allegedly “unconstitutional” federal funding freeze.

The White House Office of Management and Budget (OMB) directed agencies to halt federal funding on January 27. Pennsylvania state agencies have been unable to access $1.2 billion in federal funds with an additional $900 million requiring federal review, according to the lawsuit. Shapiro is seeking to unfreeze those funds.

The lawsuit names Interior Secretary Doug Burgum, EPA Administrator Lee Zeldin, Energy Secretary Chris Wright, Transportation Secretary Sean Duffy and OMB Director Russell Vought in their respective capacities.

“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. 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.

TRUMP ADMINISTRATION APPEALS FEDERAL JUDGE’S ORDER TO UNFREEZE FEDERAL FUNDS

Pennsylvania Governor Josh Shapiro speaks on Day 3 of the Democratic National Convention (DNC) at the United Center, in Chicago, Illinois, August 21, 2024. (REUTERS/Mike Segar)

The Trump administration has called the legal challenges to Trump’s executive orders “an attempt to undermine the will of the American people.” The White House on Thursday dismissed Shapiro’s lawsuit as an extension of the “Left’s resistance.”

“Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump to advance his wildly popular agenda. These lawsuits are nothing more than an extension of the Left’s resistance — and the Trump Administration is ready to face them in court,” White House Principal Deputy Press Secretary Harrison Fields said.

WHITE HOUSE STILL COMMITTED TO FREEZING ‘WOKE’ FUNDS DESPITE RESCINDING OMB MEMO

Shapiro said federal funding could jeopardize Pennsylvania projects, including “reclaiming abandoned mine land, capping and plugging orphan wells, and lowering consumer costs.” Meanwhile, the Commonwealth is incurring debt on federally approved projects.

Pennsylvania has joined at least 23 states and Washington, D.C., who have sued the Trump administration to unfreeze federal funds. Federal judges have issued a temporary restraining order to block the funding freeze in states with litigation against the Trump administration. Because Pennsylvania did not sue the Trump administration to unfreeze funds, they were not impacted by the order releasing funds.

Josh Shapiro, governor of Pennsylvania, during the Democratic National Convention (DNC) at the United Center in Chicago, Illinois, US, on Monday, Aug. 19, 2024. The race for the White House will reach a fever pitch this week, with Vice President Kamala Harris and Republican nominee Donald Trump battling for momentum, and attention, around the Democratic National Convention in Chicago. (Al Drago/Bloomberg via Getty Images)

“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.

Shapiro is suing the Trump administration to reap the benefit of the federal judge’s order.

President Donald Trump speaks to reporters in the Oval Office of the White House on February 3, 2025, in Washington, D.C. After signing a series of executive orders and proclamations, Trump spoke to reporters about a range of topics including recent negotiations with Mexico on tariffs. (Anna Moneymaker/Getty Images)

Democratic groups quickly came out in support of Shapiro’s lawsuit.

“We strongly support Governor Shapiro’s action to protect Pennsylvanians, support communities and cut costs by challenging this funding freeze. Blocking these critical funds is an unacceptable attack on Pennsylvania families, communities and economic stability. These funds were legally approved by Congress and are crucial to supporting working families, rural communities and public safety initiatives across the commonwealth,” the Pennsylvania House Democrats said in a statement.

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Evergreen Action, a progressive climate action organization, applauded Shapiro for standing up for Pennsylvanians.

“Pennsylvania and its communities, businesses, and local governments must regain access to their funds immediately and be freed from this chaos and uncertainty. We are grateful for the governor’s leadership and hope these critical funds are soon able to reach the people who need them most,” Evergreen Action Deputy State Policy Director, Julia Kortrey, said.

Deirdre Heavey is a politics writer for Fox News Digital.

February 13, 2025
NY Dems call Trump’s plan to shut down the DOE “illegal” and “unconstitutional.”

While the nation anticipates an executive order from President Donald Trump to dismantle the Department of Education, New York Democrats sparked a debate about its legality. The White House says cutting wasteful government funding is “not a crime in a court of law.”

Sen. Kristen Gillibrand, D-N.Y., and Gov. Kathy Hochul, D-N.Y., held a press conference at a Manhattan public school this week, calling Trump’s plans for the Education Department “illegal” and “unconstitutional.” The White House said the Democrats are “gaslighting” Americans.

“Earlier this week, we learned that the Trump administration is drafting an executive order to shut down the Department of Education,” Gillibrand said on Sunday. “This would jeopardize thousands of New York jobs, and billions of dollars in federal funding for New York’s kids, teachers, families and schools. We’re here to show them that we are ready to fight for our kids, fight for our communities and fight for our schools.”

As Trump is expected to take steps this month to defund the Department of Education, Democrats began another week of Trump’s second term protesting the Department of Government Efficiency. The Trump administration dismissed the protests as an attempt “to recover from their embarrassing loss” in November.

MAXINE WATERS, HOUSE DEMS RIPPED FOR ‘UNHINGED’ CLASH WITH SECURITY GUARD AT EDUCATION DEPT

Gov. Kathy Hochul speaks about gun violence during the Clinton Global Initiative on Sept. 23, 2024, in New York City. (Alex Kent/Getty Images)

“The Democrats have no plan on how to recover from their embarrassing loss, and it shows. Instead of working to become a party that focuses on the will of the people, they are hell-bent on keeping their heads in the sand and gaslighting on the widely supported mission of DOGE. Slashing waste, fraud, and abuse, and becoming better stewards of the American taxpayer’s hard-earned dollars might be a crime to Democrats, but it’s not a crime in a court of law,” White House principal deputy press secretary, Harrison Fields told Fox News Digital in a statement.

DEMOCRATIC LAWMAKER SAYS KIDS WILL BE IN TEACHERLESS CLASSROOMS, WON’T HAVE LUNCH IF DOGE, TRUMP GET THEIR WAY

Gillibrand on Sunday reminded New Yorkers that dismantling the Department of Education would require congressional approval.

“What he’s doing is illegal. It’s unconstitutional. It’s unconstitutional and illegal. It’s unconstitutional because Congress is the only body that is allowed to decide how the taxpayer dollars that New Yorkers send to Washington is spent.”

Sen. Kristen Gillibrand and Gov. Kathy Hochul called Trump’s plans for the Education Department “illegal” and “unconstitutional.” (Getty/iStock)

Hochul warned New Yorkers that they will pick up the tab if Trump shuts down the Department of Education.

“The largest part of your local property tax bill is your school taxes,” Hochul said. “If that money evaporates from the federal government, where are they going to go? This is going to hit homeowners and businesses, and I want them to be aware of this consequence.”

Students board a school bus in Manhattan’s East Village in New York City. (Mario Tama/Getty Images)

Hochul said defunding the Department of Education could deny students Pell Grants, a federally funded program that helps low-income students pay for college, and New York City’s public school nutrition programs, which provide free breakfast, lunch and after-school meals for students. Hochul urged New York Republicans to speak up in Washington for New York’s public school students.

“This is an outrage,” Gillibrand added. “The Trump administration is stealing money from our kids, from our teachers and from our schools. These are New York tax dollars.”

House Democrats were blocked from entering the Department of Education building in Washington, D.C., Feb. 7, 2025. (Fox News)

The New York Democrats said shutting down the Department of Education could cost New York’s 2.6 million students almost $1 billion annually.

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Hochul and Gillibrand join a growing coalition of Democrats speaking out against Trump’s education plans. Democrats protested outside the Department of Education in Washington, D.C., on Friday, demanding an audience with acting Education Secretary Denise Carter. Carter is keeping Linda McMahon’s seat warm during her Senate confirmation process.

Deirdre Heavey is a politics writer for Fox News Digital.

February 11, 2025
‘Blatantly unconstitutional’: U.S. judge temporarily blocks Trump’s ban on birthright citizenship

The ruling is a blow to the new Trump administration, and comes as 22 U.S. states and immigrants rights groups have sued the Trump administration over the ban on birthright citizenship. (Photo by Alex Wong/Getty Images)

A federal judge in Seattle on Thursday temporarily blocked President Donald Trump’s executive order banning birthright citizenship for children of illegal immigrants, describing the action as “blatantly unconstitutional.”

The decision by U.S. District Judge John Coughenour, a Ronald Reagan appointee, comes in response to four U.S. states — Arizona, Illinois, Oregon and Washington — who sued to block Trump’s executive order, which was signed by Trump shortly after being sworn in as president.

Coughenour said Thursday that the executive order banning birthright citizenship “boggles the mind,” and told the court he could not remember in his more than 40 years on the bench seeing a case so “blatantly unconstitutional.”

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The 14-day restraining order granted by Coughenour will apply to the entire U.S.

The ruling is a blow to the new Trump administration, and comes as 22 U.S. states and immigrants rights groups have sued the Trump administration over the ban on birthright citizenship, arguing in court filings that the executive order is both unconstitutional and “unprecedented.”

Trump’s ban is slated to come into force Feb. 19, and would impact the hundreds of thousands of children born in the U.S. annually.

Trump’s order seeks to clarify the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

It clarifies that those born to illegal immigrant parents, or those who were here legally but on temporary nonimmigrant visas, are not citizens by birthright.

The U.S. is one of roughly 30 countries where birthright citizenship is applied.

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States who have challenged the law have argued that the 14th Amendment does in fact guarantee citizenship to persons born on U.S. soil and naturalized in the U.S.

This is a breaking news story, more updates to come.

Breanne Deppisch is a politics reporter for Fox News Digital covering the 2024 election and other national news.

January 23, 2025