U.S. Department of Justice attorneys argued in federal court Monday that Minnesota’s lawsuit against the federal government over President Donald Trump’s executive orders targeting transgender children is premature, saying the process to withhold federal funding was far down the road.
The arguments came amid a motion by the federal government to dismiss the civil lawsuit, which Minnesota’s Attorney General Keith Ellison filed in April as a response to two executive orders by Trump banning trans athletes from participating in school sports and defining only two sexes — male and female.
U.S. District Judge Eric Tostrud heard arguments from Abhishek Kambli, an attorney for the U.S. Department of Justice, who said the prospect of funding cuts was not imminent because any threat to federal dollars would come after muli-step process, during which the state would be allowed to defend its policies. Kambli further argued that state laws simply being in conflict with the federal government is not grounds to sue.
“A state doesn’t get to walk into federal court and sue the federal government,” Kambli said.
Lawyers for Minnesota Attorney General Keith Ellison pushed back against the claims, saying Trump has effectively “usurped Congress’ authority” by threatening to control spending.
“That is an extraordinary step,” said Peter Farrell, an attorney for the Minnesota Attorney General’s Office.
Tostrud took the matter under advisement.
Ellison has previously said he filed the suit as a response to multiple threats by the Trump administration to sue Minnesota and withhold federal funding if officials did not comply with the two executive orders he issued in his first days in office.
