A federal judge on Wednesday clarified that the executive branch under President Donald Trump retains some authority to pause federal spending as long as it complies with existing statutes and regulations, a decision affirming Trump’s efforts to withhold funding for temporary migrant housing in New York.
In a four-page order issued Wednesday, U.S. District Judge John McConnell reaffirmed a previous temporary restraining order placed against the administration’s broader funding freeze but clarified the government is still permitted to limit access to federal funds in accordance with applicable laws.
“The [court’s previous order] does not bar both the President and much of the Federal Government from exercising their own lawful authorities to withhold funding,” McConnell wrote.
McConnell’s restraining order has dealt a huge blow to the Trump administration’s efforts to issue a sweeping temporary halt to federal funding across the government. But his clarifying instructions on Wednesday marked a significant win for Trump’s efforts to withhold tens of millions of dollars intended to cover hotel costs for migrants in New York City.
Neither the restraining order “nor the Court’s subsequent Order require the Defendants to seek ‘preclearance’ from the Court before acting to terminate funding when that decision is based on actual authority in the applicable statutory, regulatory, or grant terms,” McConnell added. The ruling underscores that the White House does not need a court’s permission to cut off funding if the decision aligns with existing laws and regulations, a major win after days of protest over McConnell’s original order.
The federal court development stems from an ongoing court case against the administration by Democratic attorneys general from 22 states and Washington, D.C., who sued after the White House’s Office of Management and Budget attempted to impose a spending freeze affecting billions of dollars. An appeals court on Tuesday declined to pause McConnell’s initial order, prompting the Department of Justice to seek further clarification.
Trump and key allies, including billionaire Elon Musk, have criticized court rulings that stalled the administration’s efforts to cut federal spending, arguing that judges are interfering with executive authority. Musk posted a poll on X on Wednesday asking the public whether they believe “federal judges who repeatedly abuse their authority to obstruct the will of the people via their elected representatives should be impeached” and called for a separate judge who ordered certain websites to be restored after the Trump administration removed them to be “fired.”
McConnell, an Obama appointee who is overseeing New York v. Trump in Rhode Island, has drawn sharp criticism from conservative advocates in recent days for his earlier ruling that temporarily blocked the administration’s federal spending freeze. Critics argue that his decision overstepped constitutional boundaries by infringing on the president’s Article II powers, which grant executive authority over budget execution.
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“Judges who take off their judicial robes and climb into the political arena should expect political punches,” Mike Davis, a close ally to Trump and founder of Article III Project, told the Washington Examiner in a statement about McConnell’s restraining order.
Democratic officials have argued that the rulings are necessary to uphold congressional spending power. The case remains ongoing, with further court filings expected in the coming days.
