Returning Ford School Professor Sam Bagenstos, Arlene Susan Kohn Professor of Social Policy, is uniquely qualified to comment on the Trump administration’s attempt to halt all federal spending, having just spent four years in Washington, first as general counsel at the White House Office of Management and Budget, and most recently, general counsel in the U.S. Department of Health and Human Services.
He gave his expertise to multiple media outlets in the days after the administration’s move.
Here are some highlights:
Universities fear Trump is using lucrative research grants as leverage to dismantle their DEI programs, STAT News, January 30, 2025 (paywall)
“Complete Chaos”: Medicaid, Meals on Wheels & More on Chopping Block as Trump Freezes Trillions, Democracy NOW, January 29, 2025
“It’s just been complete chaos. On Monday night, the Office of Management and Budget issued this memo that purported to freeze a very, very, very broad swath of the federal financial assistance that state governments, private nonprofits and individuals depend on across America.
“Now, the administration has been backpedaling and trying to set itself up to be in a position where they look better about this, so they’ve said over the last 24 hours, “Oh, no, no, no. We didn’t mean this. We didn’t mean that.” But we still have an incredible amount of uncertainty about whether people can get the benefits that they rely on and whether nonprofits that serve the community are going to be able to actually pay their bills, because they’re not going to get the money that they’ve been counting on.
“This is money that Congress appropriated. Congress passed a law. The president signed it. And now Donald Trump says, “Look, I don’t necessarily agree with the law, so I don’t want to follow it.” That is just completely illegal and with really devastating potential consequences for people.”
Trump Federal Funding Freeze Order Sows Confusion, Fear, KQED, January 29, 2025
“This is just and incredibly broad and aggressive stand by a new administration to pause funding that had already been approved by Congress to basically say, “Look, the previous Congress might have passed the law and appropriated the money, but I’m not sure I agree with it, and as the president, I’m not going to follow it until I agree with it,” which is just contrary to all our basic Constitutional principles.”
Trump’s grant gambit threatens to wreck the goldilocks economy he inherited, CNN, January 29, 2025
It comes down to “a basic constitutional principle … that the executive branch can only delay spending appropriated funds for certain reasons,” and none of those reasons include the president disagreeing with the policy underlying the appropriation.
Trump's effort to withhold federal funding triggers constitutional showdown, NBC News, January 28, 2025
“It seems clear to me that the Trump administration is aching to get this issue to the Supreme Court,” said Sam Bagenstos, who served as OMB general counsel under then-President Joe Biden. “The Trump administration clearly thinks they have a favorable court.”
Bagenstos said the Trump administration may be “overestimating" its odds when it comes to the Supreme Court.
“It’s more likely the court will rule the Impoundment Control Act is constitutional,” he added. “But it’s up for grabs in some ways.”
Trump administration memo ordering a pause in federal spending sparks confusion, NPR, January 28, 2025
“When Congress passes a law and the president signs it, that sets the policy of the government. And if the president doesn't like it, the president needs to go back and convince Congress to pass a new law. The president can't pick and choose which laws he's going to follow.”
White House defends spending freeze as Democrats spotlight pain points, Axios, january 28, 2025
While the law does allow presidents to delay funding under some circumstances, it doesn't allow freezing funds to decide if programs are "consistent with the president's policies," said Samuel Bagenstos, a University of Michigan professor and former General Counsel to the OMB.
Federal Judge Blocks Trump’s Freeze of Federal Grant Funds, The New York Times, January 28, 2025
Samuel R. Bagenstos, a University of Michigan professor and former general counsel to the Department of Health and Human Services under President Biden, said that while it would be difficult to find a legal justification for Monday’s memo, it could be part of an attempt to lay the groundwork for a novel legal claim that “the president has an inherent constitutional power to decide whether to spend money that’s been appropriated.”
He said that could resonate with some conservative judges, who, he said, have been “very supportive of executive power when Republicans are in office.”
Donald Trump Orders Freeze On All Federal Grants And Loans In Huge Power Grab, HuffPost, January 27, 2025
“The Trump Administration is ostentatiously flouting Congress’s power of the purse, which is one of the most basic principles of our republic,” University of Michigan professor Samuel Bagenstos told HuffPost.
Bagnestos, who served in the Biden administration as general counsel at both the Office of Management and Budget as well as the Department of Health and Human Services, added, “It’s almost like they’re daring people to sue them so they can challenge the constitutionality of the Impoundment Control Act and get the Supreme Court to decide the issue as soon as possible.”
