A US federal court in Rhode Island on Tuesday issued a preliminary injunction against a presidential executive order issued in March that cuts funding for several federal agencies, including the Institute of Museum and Library Services (IMLS). This comes in response to an injunction filed by 21 state attorneys general last month. 

Executive Order 14238, titled “Continuing the Reduction of the Federal Bureaucracy,” significantly reduces the operational scope, assigned personnel, and funding for seven federal agencies, including the IMLS. The order effectively reduces each agency to the absolute minimum status required by existing statutes. To comply with the order, the IMLS has placed 85 percent of its staff on administrative leave. The Minority Business Development Agency (MBDA) and the Federal Mediation and Conciliation Service (FMCS) also made dramatic cuts to staffing and core programs in response to the order. 

Judge John McConnell Jr. issued Tuesday’s preliminary injunction, halting further implementation of the order, as it pertains to the IMLS, MBDA, and FMCS. The injunction notes that the presidential order violated the Administrative Procedure Act (APA). The APA allows courts to hold agency actions unlawful if they are deemed to be “arbitrary” or “capricious” — lawful agency actions must be “reasonable and reasonably explained.” Judge McConnell identified the cuts to staffing and programs as forced by the order to be arbitrary in nature, which makes compliance inherently unlawful. 

The injunction also notes two ways that the executive order violates the Constitution’s separation of powers clause. First, the executive branch is usurping Congressional powers—it disregards congressional appropriations and infringes upon legislative authority to create and abolish federal agencies. Second, it disregards the Constitution’s Take Care Clause, which establishes the president’s duty to see that laws are executed as intended by Congress.

This comes amidst a series of legal challenges raised by Democratic attorneys general against the Trump administration. In April, attorneys general from 23 states and the District of Columbia filed a lawsuit against the US Department of Health and Human Services and HHS Secretary Robert F. Kennedy Jr. over cuts to public health funding. Last month, the Supreme Court agreed to hear oral arguments over a disputed executive order that targets birthright citizenship.