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

“….These are among 198 lawsuits in the past year identified by The New York Times [Gift Article] 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. 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. 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.”

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.’”…

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