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Maryland Attorney General Anthony G. Brown, leading a coalition of state attorneys general, has initiated legal action against the Trump administration, challenging its recent attempt to withhold congressionally allocated federal funds. The lawsuit asserts that the administration’s move to impound these funds, which are vital for state services and residents, is an unlawful act that infringes upon Congress’s constitutional authority to control federal spending.
The legal challenge comes after President Trump announced on September 25, 2026, a unilateral rescission of $810 million, citing that the funds “does not benefit American citizens.” This action, occurring just days before the close of the fiscal year, has raised concerns that other congressionally appropriated funds, potentially including those for emergency services and education, may also be at risk of expiring if not obligated.
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The coalition contends that the administration’s practice of impounding funds – refusing to disburse money that Congress has legally appropriated for specific purposes – violates fundamental principles of the U.S. Constitution, including the separation of powers, the Appropriations Clause, and the Presentment Clause. Furthermore, the lawsuit argues that these actions constitute unlawful agency behavior under the Administrative Procedure Act. This latest legal maneuver by Maryland and its partner states represents a continuation of efforts to counter what they describe as a pattern by the Trump administration to obstruct or condition federal funding for state policies that diverge from the President’s preferences, even when such funding has been authorized by Congress.
The lawsuit was filed in the U.S. District Court for the Northern District of California. Joining Attorney General Brown in this legal action are the attorneys general from California, Maine, Michigan, Nevada, New Mexico, and Oregon. This coalition seeks to ensure that states can recover federal funding that has been appropriated by Congress but impounded by the executive branch, thereby safeguarding essential services and programs that rely on this financial support. The outcome of this litigation could have significant implications for how federal funds are managed and distributed to states in the future, reinforcing the principle that Congress holds the ultimate power over federal appropriations.
Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.
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