The Trump administration’s executive order cutting foreign aid funding for AIDS research and other initiatives supported by government grants violates the Constitution, a new federal lawsuit says.
E.O. 14169, which halted foreign assistance funding through the US Department of State and USAID, must be enjoined because it exceeds presidential authority and usurps legislative authority, AIDS Vaccine Advocacy Coalition and Journalism Development Network Inc. told the US District Court for the District of Columbia in their Monday complaint.
The lawsuit follows an announcement that Trump was ordering a review of funding for all nongovernmental organizations and planned to cancel support for groups his administration deems are not working in the interests of the US.
AVAC is a federal grantee that works to stop the global HIV/AIDS epidemic by accelerating development and delivery of HIV prevention options. JDN, also a grantee, supports a global consortium of journalists to help people better understand how organized crime and corruption affect their lives, the complaint says.
AVAC receives grant funding through the Further Consolidated Appropriations Act of 2024 and JDN receives grants through the State Department, the complaint says.
By issuing the Jan. 20 executive order, President Donald Trump ordered a freeze on obligations and disbursements of assistance funds to foreign countries and non-governmental organizations. The State Department then issued a communique directing the pause of funds for foreign aid, the complaint also says.
The groups’ inability to access their grant funds is the result of an order that violates separation of powers, the complaint says. The president has no authority to unilaterally amend federal statutes, it says.
The order also violates the Take Care clause of the Constitution which ensures that the president faithfully executes Congress’s laws, the complaint says.
The groups also allege several violations of the Administrative Procedure Act.
The Justice Department didn’t immediately respond to a request for comment.
Judge Loren L. AliKhan is assigned the case. In a related case, AliKhan issued a temporary restraining order Feb. 3 that blocked enforcement of an OMB directive to federal agencies to freeze funding.
Public Citizen Litigation Group represents AVAC and JDN.
The case is AIDS Vaccine Advocacy Coal. v. US Dep’t of State, D.D.C., No. 25-cv-400, complaint 2/10/25.
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