Except for anticipation of what comes next, it is not. 

Minnesota, California, Colorado, Illinois and New York sued Jan. 8, right after the Trump administration announced it was shutting off child care funds. The states argue that the executive branch cannot cancel payments already appropriated by Congress. 

The New York federal judge on the case, Arun Subramanian, granted a stay until this Friday, which means states can draw down from the federal funds it has until then. Subramanian will hear arguments from both sides on Friday, at which point the judge may make a more lasting ruling or issue another temporary stay.

In the “vast majority” of Trump administration funding freeze cases, courts have ruled against the administration, said Peter Larsen, an assistant professor at Mitchell Hamline School of Law.

However, Larsen added, the Trump administration could defy the court order as it has in cases involving National Institutes of Health grants and Consumer Finance Protection Bureau funding, among other subjects. 

If the court ruled for the Trump administration, Minnesota would surely appeal the decision, Larsen said, but the state would probably be out of federal child care funds in the interim. 

DCYF informed providers Jan. 9 that it can finance child care assistance for “several months” without additional federal funding. But DCYF has not answered weeks worth of questions from providers (and reporters) about when it last drew down from federal funds and how much reserves it has on hand. 

“We are just getting told to sit tight,” Herod said. 

Robert