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Supreme Court upholds ban on untraceable 'ghost guns' that are made from parts kits

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Supreme Court upholds ban on untraceable 'ghost guns' that are made from parts kits

The Supreme Court on Wednesday upheld a federal restriction on the sale of parts kits that permit unlicensed gun owners to make firearms at home that cannot be traced by the police.

In a 7-2 decision, the justices agreed these homemade weapons, often referred to as “ghost guns,” qualify as firearms under federal law.

“Today, thousands of law-enforcement agencies nationwide depend on the [federal] tracing system to link firearms involved in crimes to their owners,” said Justice Neil M. Gorsuch for the court.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented.

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The decision upholds a regulation issued in 2022 by the Biden administration that was strongly supported by police and prosecutors.

The ruling overturns conservative judges in Texas who said Congress had not given federal regulators the power to outlaw “parts kits” that could be assembled into a weapon.

It’s a rare win for gun control advocates in the high court.

“This Supreme Court decision is great news for everyone but the criminals who have adopted untraceable ghost guns as their weapons of choice,” said John Feinblatt, president of Everytown for Gun Safety. “Ghost guns look like regular guns, shoot like regular guns, and kill like regular guns — so it’s only logical that the Supreme Court just affirmed they can also be regulated like regular guns.”

Under the regulations, gunmakers and dealers are required to conduct a background and age verification of buyers, make sure the weapon has a serial number and keep records of the sale.

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“This is an important decision that will help reduce access to guns by criminals and other people barred from owning firearms,” said UCLA Law Professor Adam Winkler. “In recent years, the number of untraceable ghost guns recovered from criminals and crime scenes has skyrocketed.”

Last year, the court’s conservative majority blocked a regulation supported by both the Trump and Biden administrations that had outlawed “bump stocks,” which allowed semiautomatic weapons to fire rapidly like a machine gun. By a 6-3 vote, the justices said these devices did not fit the definition of a machine gun as set by Congress.

But the court said Wednesday the Gun Control of Act of 1968 broadly defined a firearm as “any weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.”

The Los Angeles Police Department and other police agencies have voiced alarm at the growing threat of easy-to-assemble guns that can be bought as kits online.

Three years ago, the LAPD said these “ghost guns are an epidemic not only in Los Angeles but nationwide. … Ghost guns are real, they work, and they kill.”

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The Justice Department under Biden told the court that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in four years.

In urging the court to uphold the ban, Solicitor Gen. Elizabeth Prelogar argued the mail-order gun kits could “effectively nullify” gun laws dating to 1968 that allow police to trace weapons that are used in crimes.

Without the new regulations adopted by the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF, “anyone could buy a kit online and assemble a fully functional gun in minutes — no background check, records, or serial number required,” she said.

California already prohibited the sale of these parts kits, but Atty. Gen. Rob Bonta said the federal ban was needed to enforce a ban on sending these kits through the mail.

Even though California has attempted to curb unserialized guns since at least 2016, he said these weapons accounted for nearly 30% of all guns recovered in the state by the ATF.

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Meanwhile, the number of unserialized guns recovered by California law enforcement agencies increased from 167 in 2016 to nearly 12,900 in 2022, a 77-fold increase, the state’s attorney general said.

“This decision is not only a victory for California but for the entire nation,” Bonta said Wednesday. “This federal rule is crucial to keeping ghost guns out of the hands of dangerous individuals and critical to preventing and solving violent, firearm-related crimes.”

The conservative 5th Circuit court in New Orleans was undeterred by the warnings issued by police departments. It struck down the ATF regulation and ruled a “weapon parts kit” is not a firearm, even if it can be assembled into one.

The Supreme Court put the 5th Circuit ruling on hold last year and voted to hear the government’s appeal in the case of Bondi vs. VanDerStok.

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

NEWYou can now listen to Fox News articles!

A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Israel says fighter jet took down Iranian warplane, the first shootdown of its kind
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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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Trump Has Been Sued 198 Times for Withholding Funding. It Hasn’t Stopped Him.

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Trump Has Been Sued 198 Times for Withholding Funding. It Hasn’t Stopped Him.

Plaintiff Council for Opportunity in Education

Defendant U.S. Department of Education

Filed in the District of Columbia on Oct. 14, 2025

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Injunction

Plaintiff Dallas County, Tex.

Defendant Kennedy

Filed in the District of Columbia on Dec. 5, 2025

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Plaintiff Rhode Island Coalition Against Domestic Violence

Defendant Kennedy Jr.

Filed in the District of Rhode Island on July 21, 2025

injunction

Plaintiff Colorado

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Defendant Department of Health and Human Services

Filed in the District of Rhode Island on April 1, 2025

injunction

Plaintiff Housing Authority of the County of San Diego

Defendant Turner

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Filed in the Northern District of California on Oct. 15, 2025

injunction

Plaintiff National Alliance to End Homelessness

Defendant Department of Housing and Urban Development

Filed in the District of Rhode Island on Dec. 1, 2025

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injunction

Plaintiff Washington

Defendant Federal Emergency Management Agency

Filed in the District of Massachusetts on July 16, 2025

lost

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Plaintiff Arizona

Defendant Environmental Protection Agency

Filed in the Western District of Washington on Oct. 16, 2025

Plaintiff Open Technology Fund

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Defendant Lake

Filed in the District of Columbia on March 20, 2025

injunction

Plaintiff National Public Radio

Defendant Trump

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Filed in the District of Columbia on May 27, 2025

Plaintiff San Francisco Unified School District

Defendant AmeriCorps

Filed in the Northern District of California on March 10, 2025

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injunction

Plaintiff Maine

Defendant National Oceanic and Atmospheric Administration

Filed in the District of Maine on June 17, 2025

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Plaintiff Rhode Island Latino Arts

Defendant National Endowment for the Arts

Filed in the District of Rhode Island on March 6, 2025

lost

President Trump has tried to withhold billions of dollars in federal funding to coerce states, punish opponents, remake programs and impose his views. His targets have repeatedly sued to stop him, and the courts have repeatedly rebuked him — only for the president to try again and again.

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Take just these seven cases, all of them tied to the administration’s efforts to block funds from “sanctuary” communities, those that restrict cooperation with federal immigration enforcement.

Last February, a coalition of cities and counties sued over executive orders directing agencies to shut off such funds.

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Plaintiff City and County of San Francisco

Defendant Trump

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Filed in the Northern District of California on Feb. 7, 2025

injunction

A judge issued a preliminary injunction, halting those directives while the case proceeded.

The same day, the Department of Transportation told communities they must cooperate with immigration enforcement to get federal transportation dollars.

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Twenty states, led by California, soon sued …

Plaintiff California

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Defendant Department of Transportation

Filed in the District of Rhode Island on May 13, 2025

lost

… and the administration lost in district court.

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The Department of Homeland Security tried to withhold emergency management funds. Another lawsuit followed …

Plaintiff Illinois

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Defendant FEMA

Filed in the District of Rhode Island on May 13, 2025

lost

… and the administration lost.

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Then D.H.S. tried reducing counterterrorism grants to sanctuary states instead …

Plaintiff Illinois

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Defendant Noem

Filed in the District of Rhode Island on Sept. 29, 2025

lost

… and again, the administration lost.

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In the past year, funds for housing, transit, health and public safety have all been conditioned on cooperation with immigration.

Plaintiff King County

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Defendant Turner

Filed in the Western District of Washington on May 2, 2025

injunction

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Plaintiff Fresno

Defendant Turner

Filed in the Northern District of California on Aug. 20, 2025

injunction

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Plaintiff Chicago

Defendant Department of Justice

Filed in the Northern District of Illinois on Nov. 12, 2025

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injunction

Injunctions regularly followed.

These are among 198 lawsuits in the past year identified by The New York Times that challenge how Mr. Trump has leveraged federal funding to carry out his agenda without the consent of Congress. And they reflect one remarkable feature of the campaign: It has proceeded undeterred by losses in court.

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With that persistence, the administration has been hammering away at a new kind of reality in Washington, one where the president wields far more control over spending, and where his opponents aren’t entitled to the services of their federal government.

“Anyone in the country who relies on federal dollars is depending on the president to get that money,” said Matthew Lawrence, a law professor at Emory University. “And that’s a new thing.”

The president has threatened money to states that don’t adopt his policies, universities that don’t bend to his will, hospitals that don’t alter their services, school districts that don’t abandon diversity efforts, nonprofits that don’t embrace his gender views, and researchers who study the wrong subjects.

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These moves have tested whether Congress, granted the “power of the purse,” still holds the ultimate authority over spending. And they have challenged the courts with a flood of cases — 37 separate suits from the state of California; four from the Association of American Universities on virtually the same question; one from King County, Wash., that has grown to include as plaintiffs 75 communities and agencies.

“You would think there would be some conditioning here: You do an action, you get sued, you lose, maybe you don’t do that action anymore,” said Rob Bonta, who as California’s attorney general has brought many of those suits. “He’s continued to repeat offend. And repeat lose.”

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The administration’s approach has amounted to “a game of three-card monte” in the courts, said Samuel Bagenstos, a law professor at the University of Michigan. Each injunction covers the parties suing and the specific programs at issue, but doesn’t necessarily stop the administration from blocking funds to other groups it disfavors. The result, Mr. Bagenstos said: “‘Oh, well, you think I can’t do this thing over there? Well I’m going to do it over here.’”

Presidents have long sought to steer funding to advance their priorities, designing programs with Congress or awarding competitive grants to communities that emphasize certain ideas. But the Trump administration has gone much further: terminating en masse funds that were already awarded; imposing new conditions on future grants that flout federal rule making; and blocking money to whole programs and agencies created by Congress.

The groups that have sued represent a fraction of everyone affected; many have lacked the means or the will to go to court. But these 198 cases, as of the beginning of March, have pried open a public view into the breadth of the administration’s tactics. And one year in, they have produced a lopsided record of rulings.

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When plaintiffs have sought immediate relief, district court judges have temporarily blocked the administration’s actions 79 percent of the time, signaling plaintiffs’ likely success on the merits. In the 26 instances where district judges have issued partial or final rulings, the administration lost 23.

Planned Parenthood of Greater New York v. Department of Health and Human Services

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Judge Beryl A. Howell, Obama appointee, Oct. 7, 2025

Just because a pronouncement comes from the president does not make it true, even if expressed in the form of an executive order, and even then, does not supersede the law.

lost

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American Federation of Teachers v. U.S. Department of Education

Judge Stephanie A. Gallagher, Trump appointee, Aug. 14, 2025

By leapfrogging important procedural requirements, the government has unwittingly run headfirst into serious constitutional problems.

lost

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Michigan v. Noem

Magistrate Judge Amy E. Potter, Dec. 23, 2025

None of this appears consistent with Congressional intent or FEMA’s mission.

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lost

The administration declined to comment on the record. But a White House official authorized to describe the strategy said the Trump administration is restoring power to the presidency that previous presidents have shied away from, while tapping that power to prevent fraud and steward taxpayer dollars. The groups bringing all these lawsuits, that person said, are the ones using the courts in a hostile campaign to hamstring the president.

The administration has notably walked away from some defeats without appealing them. But it is counting on a better record before appeals court judges, as has been the case more broadly. Among cases it has appealed, appellate courts have reversed or paused orders against the administration in about 40 percent of their rulings, often with judges appointed by Mr. Trump in his favor.

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But even when it is losing in court, plaintiffs’ attorneys and legal scholars said, the administration may still find it is winning on its own terms.

‘Undeserving recipients’

Alongside that first sanctuary cities directive, early executive orders outlining the president’s core agenda aimed to end all “diversity, equity and inclusion” in the government, to eradicate “gender ideology,” to reverse the “green new deal,” and to enforce “election integrity.” All of them proposed leveraging federal funds to do it.

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These cases show the administration pulling that lever in numerous ways.

It has tried to set conditions with no clear relationship to program goals (like immigration requirements for highway funds). It has threatened funding to force states to share information (voter rolls, food aid lists). It has told grantees they must pledge to comply with orders the president hasn’t issued yet. And it has invoked criminal and financial penalties if they break those pledges.

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It has terminated even small sums, targeting with laser precision opponents of the president (who then sued):

The American Bar Association lost $3.2 million in domestic violence training grants after the administration attacked the group.

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Plaintiff American Bar Association

Defendant Department of Justice

Filed in the District of Columbia on April 23, 2025

injunction

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The American Academy of Pediatrics lost nearly $12 million in grants in apparent retaliation for its advocacy of vaccines and gender-affirming care.

Plaintiff American Academy of Pediatrics

Defendant Department of Health and Human Services

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Filed in the District of Columbia on Dec. 24, 2025

injunction

Maine lost access to support for school meals as Gov. Janet Mills was fighting with the president over transgender athletes.

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Plaintiff Maine

Defendant Department of Agriculture

Filed in the District of Maine on April 7, 2025

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injunction

The government backed down with the American Bar Association and Maine after judges issued initial rulings, only to turn its focus elsewhere.

“You can see that the government’s posture is essentially: Do the thing that’s going to make the White House happy, or get the press release about sticking it to trans people,” said Kevin Love Hubbard, a former D.O.J. attorney who represented the government before leaving in August. Agencies are doing that, he said, “without thinking about then having to go into court.”

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Today, he is suing the government in several funding cases with the Lawyers’ Committee for Rhode Island.

Most of these nearly 200 cases are about disfavored categories of recipients like sanctuary jurisdictions, Harvard researchers or organizations serving transgender people.

“We are the undeserving recipients, at least in the mind of our current administration,” said Leesa Manion, the prosecuting attorney in King County, Wash., which encompasses Seattle. “The goal all along was to ensure that we — the undesirables — do not get our fair share. Whether it works or doesn’t work, if that’s your overarching goal, you just keep evolving your technique.”

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The administration is now increasingly targeting blue states as such a category, too.

That began during the government shutdown last October, when the White House budget director Russell Vought announced the administration would cancel nearly $8 billion in energy projects in 16 states — all where voters had supported Kamala Harris in 2024.

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A small group of grantees, including the city of St. Paul, Minn., sued in response.

Plaintiff St. Paul, Minnesota

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Defendant Wright

Filed in the District of Columbia on Nov. 10, 2025

lost

In January, the administration lost in district court, where a judge said it had violated the Constitution.

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But officials were already preparing other cuts to blue states. H.H.S. froze $10 billion in child care and family assistance funds to five states. The states sued …

Plaintiff New York

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Defendant Administration for Children and Families

Filed in the Southern District of New York on Jan. 8, 2026

injunction

… and a judge issued an injunction.

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The D.O.T. suspended funding to the $16 billion Gateway Tunnel project connecting New Jersey and New York. Both states sued …

Plaintiff New Jersey

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Defendant Department of Transportation

Filed in the Southern District of New York on Feb. 3, 2026

injunction

… and secured another injunction.

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Even after those setbacks, in early February the administration told Congress it would cut more than $600 million in public health grants to four blue states. They sued …

Plaintiff Illinois

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Defendant Vought

Filed in the Northern District of Illinois on Feb. 11, 2026

injunction

… and the next day, a judge issued another injunction in the form of a temporary restraining order.

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Still, last week, the administration said it would withhold about $250 million in Medicaid funds from Minnesota (prompting another lawsuit).

These moves, citing a mix of fraud and immigration policies, follow the president’s vow to block all funding to sanctuary jurisdictions — a group, under the D.O.J.’s definition, that could encompass one-third of the U.S. population.

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“They can sue us and maybe they’ll win,” the president said in January. “But we’re not giving money to sanctuary cities anymore.”

Arbitrary and capricious

At stake in many cases are weighty constitutional principles: the separation of powers; the right to due process when the government says grantees have done something wrong; the First Amendment protections for organizations to advocate their views without government retaliation.

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In the St. Paul suit, a district judge, Amit P. Mehta, ruled in January for the first time in one of these cases that the administration had violated the Fifth Amendment’s equal protection clause by singling out states for their partisan lean. During the litigation, the government didn’t deny doing that. Rather, it argued it was allowed to.

St. Paul, Minnesota v. Wright

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Judge Amit P. Mehta, Obama appointee, Jan. 12, 2026

Defendants freely admit that they made grant-termination decisions primarily — if not exclusively — based on whether the awardee resided in a state whose citizens voted for President Trump in 2024. There is no rational relationship between that classification and defendants’ stated governmental interest.

lost

But that ruling covered only seven canceled grants worth about $27.5 million out of the nearly $8 billion total terminated. Now a coalition of 13 states is suing with the same constitutional argument in a new case about the same cuts.

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The constant that is running through most of these cases, however, is the more mundane-sounding Administrative Procedure Act. That 1946 law says that the federal government must be reasoned and document its thinking according to transparent rules — in short, that it shouldn’t be slapdash and secretive.

These cases are full of examples of it doing just that. When the Department of Homeland Security tried last year to reduce counterterrorism grants to sanctuary states, the agency appeared to arrive at the lower award sums by simply lopping digits off the original values.

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Illinois v. Noem

Judge Mary S. McElroy, Trump appointee, Dec. 22, 2025

Neither a law degree nor a degree in mathematics is required to deduce that no plausible, rational formula could produce this result.

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lost

Officials have sent out directives with copy-and-pasted typos, termination letters without agency letterhead and bare explanations with boilerplate rationale.

“You had literally grants for millions of dollars being canceled in a single vague paragraph: ‘This no longer comports with administration priorities, thank you very much,’” said Claudia Polsky, a law professor at the University of California at Berkeley, who has led a class-action lawsuit among University of California researchers that has restored, for now, at least a thousand grants worth about a billion dollars.

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The administration has given grantees new mandates — and prohibitions — so vague that they haven’t known how to comply.

“‘Promote gender ideology’ — what does that mean?” said Maria Corona, the head of the Iowa Coalition Against Domestic Violence, which has challenged new conditions on grants. “When you’re talking about ‘violence against women,’ in the language itself we’re already talking about a gender issue.”

Last February, the National Institutes of Health issued a seismic policy change on a Friday night, to take effect the following Monday, slashing payments to universities for research overhead, drawing several lawsuits.

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Plaintiff Massachusetts

Defendant National Institutes of Health

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Filed in the District of Massachusetts on Feb. 10, 2025

lost

Plaintiff Association of American Medical Colleges

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Defendant National Institutes of Health

Filed in the District of Massachusetts on Feb. 10, 2025

lost

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Plaintiff Association of American Universities

Defendant Department of Health and Human Services

Filed in the District of Massachusetts on Feb. 10, 2025

lost

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In April, the administration lost these cases, consolidated under one judge (an appeals court upheld the decision this year).

But after the district court ruling, the Department of Energy, followed by the National Science Foundation and then the Department of Defense, each rolled out an identical policy.

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Plaintiff Association of American Universities

Defendant Department of Energy

Filed in the District of Massachusetts on April 14, 2025

lost

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Plaintiff Association of American Universities

Defendant National Science Foundation

Filed in the District of Massachusetts on May 5, 2025

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lost

Plaintiff Association of American Universities

Defendant Department of Defense

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Filed in the District of Massachusetts on June 16, 2025

lost

As these cases accumulated, so did the judges’ irritation.

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Association of American Universities v. Department of Defense

Judge Brian E. Murphy, Biden appointee, Oct. 10, 2025

The Court does not write upon a blank slate but instead follows three other courts in this district who have come to similar conclusions with respect to different federal agencies’ attempts to enact virtually identical policies. Notably, defendants ignored these obviously relevant — and at least reasonable — analyses before adopting this policy.

lost

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Success for the administration has seldom involved winning on the merits. Rather, the administration has argued in most of these cases that district judges have no business hearing them at all. Cases seeking money, it says, belong instead in the Court of Federal Claims, a specialized court dedicated to financial contract disputes with the government.

Supreme Court Justice Amy Coney Barrett breathed life into that argument, concurring in a preliminary ruling last summer that surprised some legal experts. Her opinion — suggesting policies should be litigated in district court, while payouts resulting from them belong in the Court of Federal Claims — has further complicated these cases. So has the Supreme Court’s ruling last year ending nationwide injunctions.

Winning while losing

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By the time grantees have gone to court, they have already lost much. Researchers have halted studies. Nonprofits have laid off staff. The core expectation that the government is a reliable partner has already been undercut.

“The result is a corrosive uncertainty that undermines the basic functioning of government,” said Jacob Leibenluft, a former official in the Biden White House budget office.

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That uncertainty sets in the moment money isn’t on time, or when grantees start to think it won’t be in the future. Other changes take root, too: Grantees rethink what’s in their mission statements; professors shift what they teach.

American Association of University Professors v. Trump

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Judge Rita F. Lin, Biden appointee, Nov. 14, 2025

Numerous U.C. faculty and staff have submitted declarations describing how defendants’ actions have already chilled speech throughout the U.C. system.

injunction

The administration is advancing these changes even when it’s losing particular funding cases in court. And it has successfully blocked money to groups who haven’t sued, further entrenching the president’s expanded power over spending.

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Whether this dynamic sticks depends as much on Congress as on the courts. If legislators were more actively guarding programs they had funded themselves, many of these lawsuits likely wouldn’t exist.

New York v. Trump

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Chief Judge John J. McConnell, Jr., Obama appointee, March 6, 2025

The interaction of the three co-equal branches of government is an intricate, delicate and sophisticated balance — but it is crucial to our form of constitutional governance. Here, the Executive put itself above Congress.

injunction

In rare cases, Republicans in Congress have pushed back against the administration and been able to reverse billions in cuts far more quickly than courts could, including from after-school programs and mental health and addiction treatment.

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For most programs targeted by the administration, however, Republicans have publicly said little, and that’s unlikely to change as the president now targets blue states more explicitly. Republican and Democratic appropriators have together quietly tucked some new guardrails into spending bills this year. But it is Democrats, primarily, who have spoken up for the larger principle that lawmakers set the terms of federal spending — not the president.

“We have to guard that with our lives,” said Rosa DeLauro, the top Democratic appropriator in the House. The alternative, she said, is that funding becomes a tool to silence dissent. “‘Don’t speak out — or I’ll cancel your grant.’”

Absent bipartisan clamor in Congress, cases like King County v. Turner grind on. The case was brought last May by eight local governments challenging new conditions on housing and transportation grants. Then they added H.H.S. as a defendant. And 23 more local governments and transit and housing agencies joined as plaintiffs. Then another 29 came on board. Then 15 more. Each one has had to explain the harms it has faced. The judge has had to review each claim, alongside the details of dozens of grant programs, while crafting what are now four successive injunctions. All that is just one lawsuit.

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“Should we have to do that 200 times, 300 times?” said Erin Overbey, the general counsel with the King County Prosecuting Attorney’s Office. “What’s the number where we reach critical mass?”

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