In federal court on Friday, a coalition of twenty-one States’ Attorneys General began their challenge the legality of President Trump’s Executive Order mandating the abrupt and indefinite shutdown of the Institute of Museum and Library Services (IMLS), the Federal Mediation and Conciliation Service (FMCS), and the Minority Small Business Administration (MSBA).

In federal court on Friday, a coalition of twenty-one States’ Attorneys General began their challenge the legality of President Trump’s Executive Order mandating the abrupt and indefinite shutdown of the Institute of Museum and Library Services (IMLS), the Federal Mediation and Conciliation Service (FMCS), and the Minority Small Business Administration (MSBA).

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The plaintiffs argue that the Executive Order not only contravenes statutory obligations established by Congress but also causes immediate and irreparable harm to states, agencies, and the public they serve. At the heart of the lawsuit is the assertion that these agencies lack the legal authority to suspend operations unilaterally and that the Executive Branch has failed to follow required procedures under the Impoundment Control Act and the Administrative Procedure Act.

The lawsuit claims that the implementation of the Executive Order will cause permanent and irreversible harm to grant recipients. The Trump Administration argues that states can simply fund these agencies during the lawsuit and would be reimbursed by the Institute of Museum and Library Services (IMLS) if the plaintiffs win. However, states cannot divert taxpayer funds mid-fiscal year. Every state library depends on funding from the IMLS, which Congress has mandated. In the complaint, numerous state libraries demonstrate that they use IMLS Grants to States to finance functions that the states do not cover. The plaintiffs’ attorney emphasized that the Administration has made no conflicting statements regarding this issue. Furthermore, the plaintiffs clarified that IMLS cannot operate at its current staffing levels, most staff are currently on administrative leave, rendering the agency incapable of fulfilling its statutory obligations.

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