The DJT maladministration is not conservative. Conservatives believed in limited government. From Reuters:
Judge Blocks HUD From Tying Homeless Grant Funding To Trump Policies
Sept 12 (Reuters) — A federal judge in Rhode Island on Friday blocked the U.S. Department of Housing and Urban Development from requiring applicants for grants to build housing for the homeless to align themselves with U.S. President Donald Trump’s positions on immigration enforcement, transgender people and other issues.
U.S. District Judge Mary McElroy in Providence issued a temporary restraining order barring HUD from dispersing $75 million based on new criteria the administration adopted last week and prevented the grant funding from expiring as it was by law set to do on September 30 while the case is pending.
The judge said the agency acted unlawfully when last week it imposed new criteria to obtain funding and exceeded the authority delegated to it by Congress. McElroy, who has overseen other cases challenging Trump administration policies, lamented that an agency had once again created “chaos” with a rushed policy.
“I think that it’s unfortunate that we’re here on these things that are done so last minute by these agencies,” she said during hearing held via Zoom. “But here we are again.”
HUD did not immediately respond to a request for comment.
The ruling came in a lawsuit filed on Thursday by two organizations that provide homeless services, the National Alliance to End Homelessness and Women’s Development Corporation, that had urged McElroy to act quickly given a looming deadline for grant applications.
The judge said the agency acted unlawfully when last week it imposed new criteria to obtain funding and exceeded the authority delegated to it by Congress. McElroy, who has overseen other cases challenging Trump administration policies, lamented that an agency had once again created “chaos” with a rushed policy.
“I think that it’s unfortunate that we’re here on these things that are done so last minute by these agencies,” she said during hearing held via Zoom. “But here we are again.”
HUD did not immediately respond to a request for comment.
The ruling came in a lawsuit filed on Thursday by two organizations that provide homeless services, the National Alliance to End Homelessness and Women’s Development Corporation, that had urged McElroy to act quickly given a looming deadline for grant applications.
HUD published new grant application criteria on September 5 that the plaintiffs’ lawyers said would block funding from flowing to service providers and communities who operate in jurisdictions with policies the Trump administration disfavors.
Those include so-called “sanctuary” jurisdictions with laws that limit cooperate with federal immigration enforcement. Applicants under the new criteria must also state that they “will not deny the sex binary in humans or promote the notion that sex is a chosen or mutable characteristic.”
Kristin Bateman, a lawyer for the plaintiffs at the liberal legal group Democracy Forward, said HUD was “blackballing organizations and projects based on the policies of the states and localities that they’ve adopted at their local level.”
The plaintiffs argued HUD lacked authority to impose those new conditions and that the criteria ran afoul of the U.S. Constitution by wrongly encroaching on Congress’s power to control federal spending.
Justice Department attorney Joshua Schopf countered that HUD had broad authority to impose funding conditions and “there’s nothing contrary to law here.”
Here is the docket in U.S. District Court Judge Mary Susan McElroy's September 12, 2024 Temporary Restraining Order decision in National Alliance to End Homelessness and Women's Development Corporation v. Scott Turner and United States Department of Housing and Urban Development:
U.S. District Court
District of Rhode Island (Providence)
CIVIL DOCKET FOR CASE #: 1:25-cv-00447-MSM-AEM
National Alliance to End Homelessness et al v. Turner et al Assigned to: District Judge Mary S. McElroy Referred to: Magistrate Judge Amy E. Moses Cause: 46:1156 Administrative Procedure Act | Date Filed: 09/11/2025 Jury Demand: None Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| National Alliance to End Homelessness | represented by | Antonia K. Fasanelli National Homelessness Law Center 1400 16th Street, NW Suite 425 Washington, DC 20036 202-638-2535 ex. 103 Email: afasanelli@homelesslaw.org PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Love Hubbard DeLuca, Weizenbaum, Barry & Revens, Ltd. 199 North Main Street Providence, RI 02903 (401) 453-1500 Email: Kevin@dwbrlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Kristen Miller Democracy Forward Foundation P.O. Box 34553 Washington, DC 20001 (202) 448-9090 Fax: (202) 746-4426 Email: kmiller@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Kristin Bateman Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 202-935-5245 Email: kbateman@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Lynette J. Labinger Lynette Labinger, Attorney at Law 128 Dorrance Street, Box 710 Providence, RI 02903 401-465-9565 Email: LL@labingerlaw.com ATTORNEY TO BE NOTICED Robin F. Thurston Democracy Forward Foundation P.O Box 34553 Washington, DC 20043 (202) 297-4810 Fax: (202) 796-4426 Email: rthurston@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Yenisey Rodriguez Democracy Forward Foundation P.O. Box 34553 Washington, DC 20001 (202) 297-4810 Fax: (202) 796-4426 Email: yrodriguez@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Amy Retsinas Romero DeLuca, Weizenbaum, Barry & Revens, Ltd. 199 North Main Street Providence, RI 02903 401-453-1500 Fax: 401-453-1501 Email: amy@dwbrlaw.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Women's Development Corporation | represented by | Antonia K. Fasanelli (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Love Hubbard (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kristen Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kristin Bateman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Lynette J. Labinger (See above for address) ATTORNEY TO BE NOTICED Robin F. Thurston (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Yenisey Rodriguez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Amy Retsinas Romero (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Scott Turner in his official capacity as Secretary of the United States Department of Housing and Urban Development | represented by | Joshua N. Schopf DOJ-Civ DOJ Civil Division 1100 L Street NW Washington, DC 20005 202-514-6304 Email: joshua.n.schopf@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| United States Department of Housing and Urban Development | represented by | Joshua N. Schopf (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/11/2025 | 1 | COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2182221 ), filed by National Alliance to End Homelessness, Women's Development Corporation. (Attachments: # 1 Exhibit CoC September 2025 NOFO, # 2 Civil Cover Sheet, # 3 Summons for Scott Turner, # 4 Summons for HUD, # 5 Summons for AG, # 6 Summons for USAO)(Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 2 | MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit Declaration of Oliva, NAEH, # 3 Exhibit Declaration of Shea, WDC)(Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | Case assigned to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. (Hill, Cherelle) (Entered: 09/11/2025) | |
| 09/11/2025 | 3 | CASE OPENING NOTICE ISSUED (Hill, Cherelle) (Entered: 09/11/2025) |
| 09/11/2025 | 4 | Summons Issued as to Scott Turner, United States Department of Housing and Urban Development, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Scott Turner Summons, # 2 Pam Bondi Summons, # 3 United States Department of Housing and Urban Development Summons)(Hill, Cherelle) (Entered: 09/11/2025) |
| 09/11/2025 | 5 | Corporate Disclosure Statement by National Alliance to End Homelessness, Women's Development Corporation. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 6 | MOTION for Kevin Love Hubbard to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182356 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 7 | MOTION for Kristin Bateman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182359 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 8 | MOTION for Kristen Miller to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182363 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 9 | MOTION for Robin F. Thurston to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182366 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 10 | MOTION for Yenisey Rodriguez to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182371 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 09/11/2025) |
| 09/11/2025 | 11 | MOTION for Antonia K. Fasanelli to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2182375 ) filed by All Plaintiffs. (Romero, Amy) (Additional attachment(s) added on 9/11/2025: # 1 Supplement) (Gonzalez Gomez, Viviana). (Entered: 09/11/2025) |
| 09/11/2025 | TEXT ORDER granting 6 Motion to Appear Pro Hac Vice of Kevin Love Hubbard. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Gonzalez Gomez, Viviana) (Entered: 09/11/2025) | |
| 09/11/2025 | TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Kristin Bateman. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Gonzalez Gomez, Viviana) (Entered: 09/11/2025) | |
| 09/11/2025 | TEXT ORDER granting 8 Motion to Appear Pro Hac Vice of Kristen Miller. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Gonzalez Gomez, Viviana) (Entered: 09/11/2025) | |
| 09/11/2025 | 12 | NOTICE of Appearance by Lynette J. Labinger on behalf of All Plaintiffs (Labinger, Lynette) (Entered: 09/11/2025) |
| 09/11/2025 | TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Robin F. Thurston. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Gonzalez Gomez, Viviana) (Entered: 09/11/2025) | |
| 09/11/2025 | TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of Yenisey Rodriguez. So Ordered by District Judge Mary S. McElroy on 9/11/2025. (Gonzalez Gomez, Viviana) (Entered: 09/11/2025) | |
| 09/11/2025 | NOTICE of Hearing: In Chambers Conference re: 2 Motion for TRO set for 9/12/2025 at 03:30 PM via Zoom before District Judge Mary S. McElroy. This conference is for counsel of record only. Counsel to be emailed zoom information. (Potter, Carrie) (Entered: 09/11/2025) | |
| 09/12/2025 | NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for 9/12/2025 at 03:30 PM via Zoom before District Judge Mary S. McElroy. This hearing converted from previously noticed conference. Counsel is directed to use previously sent Zoom information. The public may view the hearing via the Court's YouTube stream. (Potter, Carrie) (Entered: 09/12/2025) | |
| 09/12/2025 | TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Antonia K. Fasanelli. So Ordered by District Judge Mary S. McElroy on 9/12/2025. (Potter, Carrie) (Entered: 09/12/2025) | |
| 09/12/2025 | 13 | NOTICE of Appearance by Joshua N. Schopf on behalf of Scott Turner, United States Department of Housing and Urban Development (Schopf, Joshua) (Entered: 09/12/2025) |
| 09/12/2025 | Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 9/12/2025 re 2 MOTION for Temporary Restraining Order: K. Hubbard, L. Labinger, A. Fasanelli, Y. Rodriguez, K. Bateman, R. Thurston, K. Miller, J. Borson and J. Schopf. Court questions the parties; parties argue. For reasons stated on the record, the Court grants 2 Motion for TRO. Plaintiffs to provide proposed order via email. Parties to stipulate to briefing schedule. (Court Reporter D. Webb in Courtroom Zoom at 3:30.) (Potter, Carrie) (Entered: 09/12/2025) | |
| 09/12/2025 | TEXT ORDER: For reasons stated on the record, the Court grants the plaintiffs' Motion for a Temporary Restraining Order (ECF No. 2 ). The plaintiffs shall provide an order for entry that the Court will enter expeditiously. So Ordered by District Judge Mary S. McElroy on 9/12/2025. (Potter, Carrie) (Entered: 09/12/2025) |
1 comment:
Who knows how many people have died or will die because of this man's incompetence and greed. All of this meant to benefit people who already sit on mountains of everyone's money.
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