Attorney General Bonta Files Motion for Preliminary Injunction to Stop Unlawful Dismantling of HHS

After filing lawsuit on Monday, Attorney General Bonta now seeks preliminary injunctive relief from certain portions of MAHA Directive

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 19 attorneys general in filing a motion for a preliminary injunction to stop the dismantling of the U.S. Department of Health and Human Services (HHS). On March 27, HHS Secretary Robert F. Kennedy, Jr. issued a directive to “Make America Healthy Again” (MAHA Directive), which included the firing of roughly 10,000 full-time HHS employees, the consolidation of 28 HHS divisions into 15 divisions, and the closing of half of HHS’s ten regional offices — including one in San Francisco. On May 5, the attorneys general filed a lawsuit against the Trump Administration challenging over the MAHA Directive. In today’s motion, they argue that they have satisfied each of the elements for issuance of a preliminary injunction and seek intervention from the U.S. District Court for the District of Rhode Island to prevent the imminent, irreparable damage resulting from certain portions of the MAHA Directive.

“Absent intervention from the court, our States will suffer irreparable harm. As a result, we’re filing a motion for a preliminary injunction and requesting expedited relief,” said Attorney General Bonta. “With HHS under attack by the Trump Administration, my fellow attorneys general and I are continuing to answer the public’s call to protect this critical Department.”

The States argue that the entire MAHA Directive is arbitrary and capricious, and specifically move for a preliminary injunction setting aside the MAHA Directive as to: (1) the Centers for Disease Control and Prevention; (2) the Center for Tobacco Products (located within the Food & Drug Administration); (3) the Office of Head Start within the Administration for Children and Families; and (4) the Division of Data and Technical Analysis (located within the Office of the Assistant Secretary for Planning and Evaluation), which is responsible for calculating the federal poverty guidelines.

In their motion, the attorneys general argue that: 

• The States are likely to prevail on their claims that the Trump Administration’s actions violate the Administrative Procedure Act, congressional mandates, and the Constitution. 
• The States have suffered and will continue to suffer irreparable harm in the form of lost funding, information, guidance and support for their complementary State programs — in particular if the formal staff terminations, which were sent on April 1, are allowed to proceed on June 2.
• The public health and social consequences of these actions overwhelmingly militate in favor of preliminary injunctive relief.  

In filing today’s motion for a preliminary injunction, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Michigan, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

A copy of the motion can be found here.