The novel and untested approach has been introduced by Democratic lawmakers in at least four states.
Democratic legislators mostly in blue states are attempting to fight back against Donald Trump’s efforts to withhold funding from their states with bills that aim to give the federal government a taste of its own medicine.
The novel and untested approach — so far introduced in Connecticut, Maryland, New York and Wisconsin — would essentially allow states to withhold federal payments if lawmakers determine the federal government is delinquent in funding owed to them. Democrats in Washington state said they are in the process of drafting a similar measure.
These bills still have a long way to go before becoming law, and legal experts said they would face obstacles. But they mark the latest efforts by Democrats at the state level to counter what they say is a massive overreach by the Trump administration to cease providing federal funding for an array of programs that have helped states pay for health care, food assistance and environmental protections.
It’s not saying the states are acting capriciously or even unreasonably, it’s just that the system would treat it as such
The system would declare the proper remediation is the states suing for their funds and having the justice system fix it. If the justice system so orders the dispersement and federal gov refuses to pay out, then I could imagine the settlement terms permitting the state to deduct owed funds from their payments. If the justice system fails to rule appropriately, then the state doesn’t have legal recourse, but it may still make sense to take their recourse anyway.