PORTLAND – The cities of Portland, Seattle and New York will file a federal lawsuit today challenging President Trump’s Memorandum ordering federal agencies to withhold federal grant dollars to so-called “anarchist jurisdictions,” and the Attorney General’s unlawful designation of the cities as “anarchist.”
The cities argue the executive branch lacks authority to add conditions to congressionally appropriated funds for COVID-19 and many other critical programs without congressional authorization, and that the designation was made in an arbitrary and capricious manner based on a set of vague and subjective factors entirely within the U.S. Attorney General’s discretion.
In the lawsuit, the three cities challenge the proposed action on several different grounds, including violation of the Separation of Powers and of the 10th Amendment of the U.S. Constitution. The cities ask that the court remove the cities’ “anarchist jurisdiction” designations and prohibit the U.S. Department of Justice and Office of Management and Budget from carrying out the administration’s scheme.
“The President singled out three progressive cities -- Portland, Seattle and New York City -- and threatened federal support critical to protecting vulnerable residents,” said Portland Mayor Ted Wheeler. “These threats include restricting federal funds for coronavirus relief, funds for HIV treatment, and funds for newborn screenings. That’s why Portland, Seattle and New York will fight this illegal designation to preserve federal investments designed to help our most vulnerable residents,” he said.
“President Trump's attempt to take money from great American cities like New York, Portland and Seattle is not only based on lies, it is unconstitutional,” said New York Mayor Bill de Blasio. “While we have been laser-focused on responding to the COVID-19 pandemic, the President is using his budget office to play politics and distract from his own failures as Commander-in-Chief. We are confident the court will agree that the President's attempt to withhold funds is without merit.”
“The Trump administration’s political threats against Seattle and other Democratic cities are unlawful and an abuse of federal power,” said Seattle Mayor Jenny A. Durkan. “I’m confident the courts will reign him in again. Seattle and people across America need help fighting a pandemic that has claimed over 220,000 American lives, fixing an economic crisis that has left hundreds of thousands unemployed, and bringing America together during this civil rights reckoning. Instead, the President chooses to ignore science, divide Americans, and threaten the lifeline for many struggling in this time. It’s immoral, unconstitutional, and shameful we are forced to expend resources on this political theater,” she said.
Portland and Seattle previously prevailed against the Trump Administration’s similar attempt to withhold congressionally appropriated grant dollars in retaliation for policies that support and welcome immigrant and refugee communities.
The City of New York has defeated attempts by the Trump Administration to add an illegal citizenship question to the census, to take SNAP food assistance away from millions of adults, and to discriminate in the provision of medical care and federal health funding based on religious and moral grounds.
The lawsuit will be filed in the U.S. District Court for the Western District of Washington today.
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