Coalition of Attorneys General Sue to Block Elimination of Federal Public Health Grants

Connecticut Attorney General William Tong has joined a coalition of 23 states and the District of Columbia in filing a lawsuit against the U.S. Department of Health and Human Services and HHS Secretary Robert F. Kennedy, Jr., for what they describe as abruptly and illegally terminating $11 billion in critical public health grants to the states.

The Attorney General’s office explains that the grant terminations came with no warning or legally valid explanation, and have quickly caused chaos for state health agencies that continue to rely on these critical funds for a wide range of urgent public health needs such as infectious disease management, fortifying emergency preparedness, providing mental health and substance abuse services, and modernizing public health infrastructure.

Connecticut stands to lose approximately $175 million for a wide range of essential public health, mental health, and addiction services, such as disease outbreak surveillance, newborn screenings, childhood immunizations, and testing for viruses and other pathogens, according to state officials. 

The HHS cuts threaten the urgent public health needs of states around the country at a time when emerging disease threats—such as measles and bird flu—are on the rise, Attorney General Tong warned.

“We are suing once again to stop this reckless escalation of Donald Trump’s lawless war on American families and workers,” said Attorney General Tong. “Trump and anti-vax conspiracy theorist Kennedy want to steal $175 million from Connecticut meant to fight infectious disease, combat the opioid and addiction crisis, prevent suicide, and keep Connecticut babies safe.”

Tong added that “We sued when they tried to defund our police, our schools and our healthcare. We sued when they tried to defund lifesaving research into cures for cancer, heart disease and Alzheimer’s. We sued when unelected billionaire Elon Musk tried to hack our sensitive payment systems and confidential records. And every time, we’ve blocked them and we are going to stay in court for as long as it takes to protect Connecticut families and to stop the destruction of our country.”

In a news release, the Attorney General’s office noted that Congress authorized and appropriated new and increased funding for these grants in COVID-19-related legislation to support critical public health needs. Many of these grants are from specific programs created by Congress, such as block grants to states for mental health and substance abuse and addiction services. Yet, with no legal authority or explanation, Secretary Kennedy’s HHS agencies on March 24 arbitrarily terminated these grants “for cause” effective immediately claiming that the pandemic is over and the grants are no longer necessary.

In their lawsuit filed in U.S. District Court in Rhode Island, the coalition of attorneys general assert that the mass terminations violate federal law because the end of the pandemic is not a “for cause” basis for ending the grants, especially since none of the appropriated funds are tied to the end of the pandemic which occurred more than a year ago. HHS’ position, up until a few days ago, was that the end of the pandemic did not affect the availability of these grant funds. Moreover, for some of the grants, termination “for cause” is not a permissible basis for termination, yet the federal government unlawfully terminated them.

With this lawsuit, Attorney General Tong and the coalition are seeking a temporary restraining order to invalidate Secretary Kennedy’s and HHS’ mass grant terminations in the suing states, arguing that the actions violate the Administrative Procedure Act. The states are also asking the court to prevent HHS from maintaining or reinstating the terminations and any agency actions implementing them.

Attorney General Phil Weiser of Colorado, Attorney General Rob Bonta of California, Attorney General Keith Ellison of Minnesota, Attorney General Peter Neronha of Rhode Island, and Attorney General Nick Brown of Washington are co-leading the litigation. They are joined by the attorneys general of Arizona, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, and Wisconsin, and the Governors of Kentucky and Pennsylvania.