Attorney General Davenport joins lawsuit against USDA funding conditions

Matthew Platkin, Attorney General at New Jersey
Matthew Platkin, Attorney General at New Jersey
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Attorney General Jennifer Davenport announced on Mar. 23 that she has joined a coalition of 21 attorneys general in filing a lawsuit against the Trump Administration, challenging new conditions placed on billions of dollars in U.S. Department of Agriculture (USDA) grant funding.

The legal action is significant because it addresses concerns about the potential impact on programs that provide food assistance and support to vulnerable populations, as well as resources for volunteer firefighters. The lawsuit seeks to prevent what the coalition calls unconstitutional and unlawful requirements attached to federal funds.

According to the complaint, USDA has threatened penalties if states do not comply with vague funding conditions related to immigration, diversity, equity and inclusion, and gender identity—requirements that are not directly tied to the purpose of USDA grants. These conditions could affect programs such as school lunches, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Supplemental Nutrition Assistance Program (SNAP), Emergency Food Assistance Program (TEFAP), and Volunteer Fire Capacity Program.

“The Trump Administration cannot make cruel funding restrictions without any basis in law or fact,” said Attorney General Davenport. “I will not let people go hungry because of the Administration’s latest effort to impose unrelated ideological conditions on essential services.”

The lawsuit alleges violations of both the spending clause and Administrative Procedure Act by imposing undefined policies as requirements for receiving funds. In New Jersey alone, Congress has allocated billions through various USDA grant programs: approximately $1.93 billion for SNAP via the Department of Human Services; $658 million for Child Nutrition Programs through the Department of Agriculture; $12 million from TEFAP; $210 million from WIC via the Department of Health; and additional wildfire defense funds through USDA’s Forest Service.

New Jersey has previously challenged similar federal grant restrictions five times under prior administrations, achieving favorable outcomes each time.

As described by its official website, the New Jersey Attorney General Matthew Platkin aims to protect residents’ lives and property while upholding legal standards statewide. The office extends its authority throughout all counties and municipalities in New Jersey according to its official website. It also influences public safety through law enforcement oversight as reported by its official website and holds statutory authority over prosecution and regulation matters across New Jersey according to its official website. The agency provides state legal representation, crime lab support, victim advocacy services, consumer protection initiatives as noted by its official site, and functions broadly as an organization focused on justice and public safety statewide according to its official site.

States joining Davenport include California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Oregon, Rhode Island Vermont Virginia Washington Wisconsin.

Looking ahead with this coalition action underway in federal court—if successful—the outcome could set important precedents regarding how federal agencies attach policy-based requirements when distributing critical program funding.



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