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U.S. Sen. Angus King on Tuesday rebuked the Trump administration for its “blatantly unconstitutional” order freezing all federal aid, while U.S. Sen. Susan Collins called it “far too sweeping.”
On Monday, the acting director of the Office of Management and Budget issued a two-page memo ordering all federal agencies to “temporarily pause” all awarding and disbursement of federal financial aid “to the extent permissible under applicable law” beginning at 5 p.m. Tuesday.
The memo further stated that agencies must submit detailed information programs, activities and awards covered by the pause by Feb. 10.
In the memo, acting Director Matthew Vaeth directed agencies to align federal loan and grant awards with the priorities of President Donald Trump, whose executive orders have targeted transgender rights, environmental justice, and diversity, equity and inclusion initiatives.
“The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve,” he wrote.
Even already approved grants are supposed to be halted, The Associated Press reported.
That’s likely to have an enormous impact across the country and in Maine, where federal funding to the state government alone totaled $5.2 billion in 2020, including one-time COVID-19 assistance. It could affect everything from medical research to Medicaid and “food stamps,” to rural energy projects, to home energy efficiency projects, to public broadcasting and more. Under Vaeth’s guidance, the freeze wouldn’t apply to loans or grants “received directly by individuals.” But it’s unclear whether that would affect funding that first goes through a state or local government before disbursement.
Social Security and Medicare are exempt from the order.
Collins, a Maine Republican who chairs the powerful Senate Appropriations Committee, said in a Tuesday statement to the Bangor Daily News that there’s “justification to take a hard look” at some federal programs, but called this order “far too sweeping.”
Collins is “concerned about the impact” of the order, which she believes will disrupt “a lot of important programs,” noting her office is still trying to assess its implications.
In a Tuesday press conference, King, an independent who caucuses with Democrats, called the order a “usurpation” of congressional authority the likes of which he hasn’t seen in U.S. history.
Under Article I of the U.S. Constitution, Congress is given authority over federal spending. The U.S. Supreme Court further in a 1975 decision, Train v. City of New York, ruled President Richard Nixon didn’t have discretion to withhold congressionally appropriated funds. While that case worked through the courts, Congress passed a law to prevent presidents from impounding funds without approval from lawmakers.
“This is a profound constitutional issue. What happened last night is the most direct assault on the authority of Congress, I believe, in the history of the United States. It is blatantly unconstitutional,” King said, adding that Congress “may as well adjourn” if the order stands.
“I thought first it was a production of the Onion, because it’s so grossly, blatantly unconstitutional and threatening to the foundation of the separation of powers under the Constitution,” King said.
Gov. Janet Mills, a Democrat, blasted the freeze, saying it is “causing entirely needless chaos and confusion across Maine and the nation.”
“This order, like the President’s threat of tariffs, does not do anything to bring down the price of eggs, bread, heat, housing, or healthcare, like he campaigned on – if anything, this action will drive the cost of living up even further,” Mills said in a statement.
George Hill, the president and CEO of Maine Family Planning, a statewide Title X grantee, said that the freeze would “jeopardize” Maine’s sexual and reproductive health care services.
“We refuse to compromise fundamental care that Mainers have relied on for more than 50 years. Maine’s family planning network stands ready to fight to preserve access to sexual and reproductive health care for all Mainers,” Hill said in a statement.
The White House was scheduled to hold a 5 p.m. press conference on the order.
Representatives from the offices of U.S. Reps. Jared Golden and Chellie Pingree, both Maine Democrats, weren’t immediately available to comment.
Correction: An earlier version of this report misstated which article of the U.S. Constitution grants Congress authority over federal fundings.