Today (May 5, 2025) 20 Democratic state attorneys general filed a lawsuit to reverse President Trump and HHS Secretary Robert Kennedy Jr’s devastating cuts to the Department of Health and Human Services. The suit details the broad damage that the cuts are doing, with and emphasis on the states and, in many cases, the specific kinds of people who are being harmed. They ask that the U.S. District Court for the District of Rhode Island to declare Kennedy’s March 27 directive that implemented tye cuts unconstitutional and illegal, and to block its implementation in order to undo the mass firings, reverse the illegal reorganization, and restore critical health services.
The specific paragraphs that detail with shutting the CDC Office on Smoking and Health are 164-171 and 180-187, the gutting the FDA Center for Tobacco Products are 238-239, 243, and 347-250, and both at 322.
The whole suit is worth reading to understand the magnitude of the devastation and to put the tobacco cuts in context.
Here is California AG Rob Bonta’s press release on the suit:
Attorney General Bonta Sues Trump Administration over Unlawful Mass Firings and Dismantling at HHS
17th lawsuit against Trump Administration asks court to block implementation of “Make America Healthy Again” Directive
OAKLAND — California Attorney General Rob Bonta today joined a coalition of 20 attorneys general in filing a lawsuit against the Trump Administration challenging the unlawful mass firing of roughly 10,000 full-time U.S. Department of Health and Human Services (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. Announced on March 27, these actions were part of HHS Secretary Robert F. Kennedy, Jr.’s Directive to “Make America Healthy Again” (MAHA Directive). In their lawsuit, the attorneys general argue that the MAHA Directive is arbitrary and capricious and contrary to law in violation of the Administrative Procedure Act (APA), is beyond the scope of presidential power, and violates the Appropriations Clause and Separation of Powers doctrine of the U.S. Constitution. Accordingly, they ask the U.S. District Court for the District of Rhode Island to declare the MAHA Directive unconstitutional and illegal, and to block its implementation in order to undo the mass firings, reverse the illegal reorganization, and restore the critical health services that millions of Americans depend on.
“The Trump Administration does not have the power to incapacitate a department that Congress created, nor can it decline to spend funds that were appropriated by Congress for that department. That’s why my fellow attorneys general and I are taking the Trump Administration to court — HHS is under attack, and we won’t stand for it,” said Attorney General Bonta. “Our States, and our people, are facing real harms as a result of the MAHA Directive. We look forward to making our case in court.”
Congress has passed dozens of laws for HHS to enforce and authorized HHS to spend about $1.8 trillion in 2024 alone because, in Congress’s judgment, the work of the Department is that critical. The MAHA Directive has had devastating consequences on HHS’s core mission to protect the health and well-being of all Americans. Following the MAHA Directive, work across several agencies within HHS came to a halt overnight. Further, the MAHA Directive layoffs compounded staff departures through a series of so-called “buy-out” offers, meaning that all told, in the last three months, HHS has lost roughly 20,000 of the 82,000 employees who were working at the agency as of January 2025. In addition, workers across the country can no longer reliably access N95 masks following the closure of the nation’s only federal mask approval laboratory. Key Centers for Disease Control and Prevention (CDC) infectious disease laboratories have also been shuttered, including those responsible for testing and tracking measles, effectively halting the federal government’s ability to monitor the disease nationwide.
In their lawsuit, the attorneys general argue that:
- Long before he was nominated by President Trump to lead HHS, Secretary Kennedy had a history of spinning conspiracy theories about the Department and advocating for the evisceration of the Department’s statutorily mandated work promoting public health.
- The MAHA Directive has caused substantial harm to their States. Among other things, the regional staff who were fired helped to provide critical support to early childhood programs within the Administration for Children and Families like Head Start. If Head Start programs in their States are forced to pause operations or close, hundreds of thousands of children (and their families) would be left without child care, early education, and health supports, which would inevitably impact and strain their States’ social support programs.
- The MAHA Directive has disabled HHS from performing its regulatory and enforcement functions. For example, the Office of Compliance and Enforcement within the Center for Tobacco Products — a subagency within HHS — typically filed more than 100 complaints a week seeking civil monetary penalties against retailers that repeatedly sold tobacco to customers under 21, in violation of federal law. The MAHA Directive wiped out the Office of Compliance and Enforcement, straining the ability of remaining staff to seek penalties.
In filing today’s lawsuit, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai’i, 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 complaint can be found here.
Related blog posts:
Shuttering CDC and FDA tobacco offices will increase the deficit by billions of dollars (right away)
Trump removes Brian King as Director and guts FDA Center for Tobacco Products
Stanton Glantz blog 