Judge issues decree preventing closure of three autonomous organizations
The Trump administration's preliminary injunction-protected executive order, issued in March, has targeted three independent agencies: the Institute of Museum and Library Services (IMLS), the Federal Mediation and Conciliation Service (FMCS), and the Minority Business Development Agency (MBDA). The order, which challenges Congress' power of the purse and vested legislative authority, has resulted in the cessation of several programs at IMLS and FMCS.
Judge John McConnell Jr., an Obama appointee, issued a 49-page decision on the matter, criticizing the lack of reasonable explanation from IMLS, MBDA, and FMCS in their compliance with the executive order. He wrote that FMCS has ceased its grievance mediation services as of March 14, 2025, and at IMLS, only between 5 and 10 workers remain compared to the prior headcount of 77, with no employees staffing offices that perform statutorily mandated work, like the Office of Research and Evaluation.
The executive order, if implemented, would withhold funds that Congress recently statutorily appropriated to IMLS, MBDA, and FMCS, causing several of their programs to cease. The order aimed to downsize these agencies to their minimum functions required by law. However, it did not provide analysis to determine which components and functions of IMLS, MBDA, and FMCS are statutorily required.
The Smithsonian's Woodrow Wilson International Center for Scholars, U.S. Interagency Council on Homeless, Community Development Financial Institutions Fund, and U.S. Agency for Global Media are not protected by this week's ruling.
A coalition of 21 state attorneys general sued to block the implementation of the executive order. Another judge has ruled against the administration in a separate case challenging USAGM's shuttering. The executive order is likely to have violated the Constitution, federal spending law, and rules governing policy changes in government.
The President Trump's executive order seeks to claw from Congress its power to establish and disband federal agencies and to set the funding levels for those agencies. The order's consequences are far-reaching, affecting the functioning of IMLS, MBDA, and FMCS and the services they provide. The legal battle continues as these agencies pursue action to prevent the effects of the executive order.
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