The Trump administration on Wednesday will defend its sweeping directive to pause federal loans, grants and other financial assistance in court for a second straight day, after a judge late on Tuesday temporarily halted the measure.
Chief U.S. District Judge John McConnell in Providence, Rhode Island will weigh a bid by 22 mostly Democratic-led states and the District of Columbia for a temporary restraining order at a 3 p.m. ET (2000 GMT) hearing. The states argue the freeze could have a devastating effect on their budgets.
Any decision by McConnell to block the measure could be longer in duration than the pause U.S. District Judge Loren AliKhan imposed on Tuesday in a separate case brought by a group of nonprofits in Washington, D.C. federal court. AliKhan paused the measure until Monday, when another hearing is scheduled.
The White House said on Wednesday it was prepared to fight in court.
"Everything this administration does is within the confines of the law, so we're prepared to fight this battle in court," White House spokesperson Karoline Leavitt told reporters outside the White House.
Democrats said it was an illegal assault on Congress' authority over federal spending, while Republicans largely defended it as fulfilling Trump's campaign promise to rein in the $6.75 trillion federal budget.
In suing to block the measure, the 23 attorneys general argued the policy was unconstitutional because Congress had already determined how the funds would be spent. They also said it would jeopardize disaster relief funds to help southern California rebuild from wildfires.
"The president does not get to decide which laws to enforce and for whom," New York state Attorney General Letitia James told reporters on Tuesday in announcing the suit.
If McConnell - an appointee of Democratic President Barack Obama - blocks the funding freeze, the Trump administration could appeal. The appeal would go to the 1st U.S. Circuit Court of Appeals, whose six active judges were all appointed by Democratic presidents.
If the 1st Circuit upholds a decision to block the funding freeze, the Trump administration could appeal to the Supreme Court, which has a 6-3 conservative majority.
