Attorney General Kathy Jennings, alongside a bipartisan group of states, has initiated legal proceedings against the U.S. Department of Health and Human Services (HHS) and its Secretary, Robert F. Kennedy, Jr. The lawsuit, filed in the U.S. District Court in Rhode Island, addresses the sudden termination of approximately $12 billion in public health grants.
According to Jennings, these grant terminations were executed without sufficient warning or legitimate explanation, leading to significant disruptions within public health sectors that depend on these funds for urgent health services and infrastructure modernization. The states contend that such funds are crucial for tackling infectious diseases, preparing for emergencies, and maintaining mental health services.
Delaware, one of the states involved, faces the potential loss of over $38 million due to these developments. This may lead to the discontinuation of several health programs, including COVID immunizations and mental health services. Jennings emphasized the risks involved, stating, “With measles and bird flu on the rise, we need to reinforce public health, not undermine it.” She warned that rural communities could be significantly affected by these cuts.
The lawsuit challenges the legal basis of the grant terminations, which were reportedly justified by the conclusion of the pandemic—a rationale the states argue is not valid. The funding in question, initially authorized by Congress to address COVID-19-related public health needs, is asserted not to be linked to the pandemic's end. Until recently, the HHS maintained that the pandemic's conclusion did not impact these grant funds' availability.
Jennings and the coalition seek a temporary restraining order to stop the grant terminations, arguing they breach the Administrative Procedure Act. They are also requesting the court to ensure no future termination actions are enforced by the HHS.
States joining Delaware in the lawsuit include Arizona, California, Colorado, among others, demonstrating a broad coalition against HHS's actions.