Democratic attorneys general sue HHS, Kennedy

by Sarah Roderick-Fitch, The Center Square, Apr 1, 2025

(The Center Square) – In response to claims that the U.S. Department of Health and Human Services, led by Secretary Robert F. Kennedy Jr. “illegally” terminated billions in “critical” health grants, a coalition of democratic attorneys generals are fighting back.

The group accuses HHS and Kennedy of “abruptly and illegally terminating nearly $11 billion in critical public health grants to the states.”

Philip Weiser and Peter Neronha, respective attorneys general of Colorado and Rhode Island, led the filing in the U.S. District Court for the District of Rhode Island. Twenty-four plaintiffs are on the filing against HHS and Kennedy.

In the suit, the attorneys general say “mass terminations violate federal law because the end of the pandemic is not a ‘for cause’ basis” to terminate grants, underscoring that none of the “appropriated funds are tied to the end of the pandemic,” which they say happened over a year ago.

The group said “up until a few days ago,” the HHS claimed the “end of the pandemic” did not affect the grants, adding that terminating some of the grants “for cause” is not “permissible.”

The attorneys general are seeking a temporary restraining order to “invalidate” the grant terminations in the 23 states filing suit against HHS and Kennedy, saying “the actions violate the Administrative Procedure Act.”

They further contend that grant terminations “came with no warning or legally valid explanation,” arguing that the lack of funding will significantly impact state public health, including infectious disease management, emergency preparedness and mental health services.

“This massive and egregiously irresponsible cut of public health funding should put everyone on high alert to the depths this Administration is willing to go,” said Neronha. “First and foremost, Americans expect their government to protect them from harm. By eliminating billions in critical funding for essential public health initiatives, the administration is effectively telling the American people to fend for themselves." 

Rhode Island, 44th most populous state, stands to lose over $31 million from HHS funding terminations, according to a release from Neronha’s office. A release says it will negatively and disproportionally impact “high-risk and underserved populations.”

"Here in Rhode Island, these cuts will defund programs which ensure our children are properly vaccinated and immunized from preventable disease, and which address health disparities in low-income communities, among others,” Neronha added.

He said the “cuts” come at a time when the country is dealing with major public health problems, highlighting rising cases of measles and bird flu.

The attorneys general say Congress authorized and appropriated the funds through COVID-19-related legislation aimed at supporting “critical public health needs.”

The suit comes on the heels of a major announcement from Kennedy that HHS plans to double its layoffs from 10,000 to 20,000 employees by consolidating nearly 30 divisions down to half and renaming the department the Administration for a Healthy America.

Other states joining the lawsuit include 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.