Prepared remarks: Attorney General Phil Weiser remarks at Lowry United Neighborhoods Town Hall (Nov. 18, 2025)
Defending Colorado from Harmful and Illegal Actions by the Federal Government:
Since the second Trump administration took office, Colorado has joined 43 lawsuits against the federal government, challenging unlawful actions that are harming Coloradans. That’s on top of being sued by the federal government as well. With respect to these cases we’ve brought, I often receive questions about our rationale for bringing or joining them and whether they are worth the return on our state’s investment of time and resources. I would like to address those questions today.
Regardless of who is in the White House, my criteria for determining whether to join a lawsuit against the federal government is two-fold: (1) is the law being broken? and (2) are Coloradans being harmed by a violation of the law? This principle is based on my duty as Colorado Attorney General to defend the rule of law and protect Coloradans. It means that I will continue to bring actions against anyone who harms the State or our citizens, whether it’s the federal government, other states, or private parties.
It’s worth noting that, over the course of the first term of the Trump administration, I brought a total of 11 lawsuits against the federal government. Even though I only served for the last two years of the first Trump administration, a number of those 11 lawsuits—including ones involving protecting the DREAMers and the census—originated in the years before I took office. Stated simply, I have brought almost four times as many actions against the second term of the Trump administration as I did against the first. My standard has remained the same, but the Trump administration’s regard for following the law and the speed and volume of its cavalier attitude towards following our laws has been far more reckless.
In the face of the lawlessness of the second Trump administration, Congress has failed to do its job to check overreaches of the executive branch. That failure has placed a greater burden on the judicial branch—and on state attorneys general to bring cases in court. This has challenged our offices to work harder, smarter, and more efficiently to ensure we can defend Coloradans from these harmful actions while still carrying out our normal responsibilities. In particular, we have largely relied on my existing staff who are contributing their time and expertise on top of their regular duties. And I asked for and received a modest amount of additional funding to hire three new attorneys, which totaled about $600,000 to meet this challenge.
Were Colorado dealing with any prior administration, including the first Trump administration, we would not be forced to request these additional resources. But given the severe and pervasive lawlessness of this administration, we cannot afford not to file these lawsuits to protect Colorado’s share of federal funding, to stand up for Coloradans who are harmed by these illegal actions, and to provide legal counsel to state agencies on the impact of federal actions. And the return on this investment is tremendous—on account of these cases, we are poised to protect for the state upwards of a billion dollars in grants, recovery, and research money being unlawfully withheld as well as protecting our citizens’ rights and our state’s sovereignty.
When it comes to federal funding for Colorado, we have already defended against billions of dollars of unlawful cuts attempted by the Trump administration—far exceeding our costs.[1] When the U.S. Department of Health and Human Services and HHS Secretary Robert F. Kennedy, Jr. attempted to abruptly terminate $11 billion in critical public health grants, our office’s lawsuit helped defend $229 million in grant funding for critical Colorado public health programs, including those related to immunization and prevention, treatments for infectious diseases, and fighting substance abuse.[2] Thanks to our litigation, those funds were secured and made available to Colorado.
In early July, we learned that the Trump administration had placed a freeze on $6.8 billion of education funding by the Office of Management and Budget and the U.S. Department of Education. I heard directly from Colorado school leaders about the impact of this action on their budgets and our team got to work, including over July 4th weekend. By taking action and going to court, we ensured that we recovered $80 million for Colorado schools for essential programs, including to help close opportunity gaps, support educators, create safe learning environments, and fund key afterschool and other programs.[3]
We also fought against the Trump administration’s attempt to illegally coerce states into sweeping immigration enforcement by threatening to withhold billions in federal funding for emergency services and transportation projects from the federal Department of Homeland Security and Department of Transportation. This is a different form of illegal behavior—not categorically withholding funds but instead placing illegal restrictions on access to funds mandated for Colorado. By taking the Trump administration to court, we protected the more than $1 billion that Colorado relies on for critical highway and transit projects as well as disaster relief and emergency management funds.[4]
The Trump administration has taken many actions to undermine support for our state’s clean energy economy. It sought, for example, to illegally terminate billions in congressionally approved funding for the National Electric Vehicle Infrastructure Formula (NEVI) Program. By challenging this action, we protected Colorado’s planned deployment of $57 million for electric vehicle infrastructure, including to fill gaps in rural Colorado and other underserved communities.[5]
There are many more examples but let me highlight three that were particularly baffling. First, the Trump administration sought to dismantle AmeriCorps and prevent Colorado from accessing the eight to ten million dollars dedicated to our state for this important program. I went to court and secured the funding.[6] Second, when the Trump Department of Education attempted to illegally discontinue $1 billion in congressionally approved grant funding for mental health, we protected nearly $10 million in youth mental health funding for schools, universities, and the Colorado Department of Education.[7] Third, when the Trump administration’s Department of Agriculture refused to use congressionally mandated funds to avoid a hunger emergency on account of a lack of access to SNAP food benefits, we secured a court order requiring that such funds be used before the shutdown ended and the funds were required to be spent.[8]
In addition to protecting federal dollars for Colorado, our lawsuits against the federal government are defending key rights and freedoms of Coloradans and our state as well as protecting against harms against our land, air, and water and our economic wellbeing. Take, for example, the Trump administration’s unconstitutional and anti-democratic attempt to impose sweeping voting restrictions across the country by executive order, including by seeking to upend well-established state procedures for counting ballots and registering voters.[9] This overreach by the White House was an encroachment on the states’ Constitutional power to manage our elections and promised to threaten Coloradans’ freedom to vote.
The White House executive order—on Inauguration Day—attempting to end birthright citizenship was flatly unconstitutional and a blatant attack on the rule of law. It could not be allowed to stand.[10] It would not only harm residents and strip them of their lawful right to birthright citizenship, but also would harm the states in myriad ways, including by causing them to lose federal funding that is based on the immigration status of residents being served by federal programs. And in a presidential order threatening to end federal funding to medical institutions and criminalize medical professionals that provide gender-affirming care, the Trump administration violated the Fifth Amendment’s equal protection guarantee by singling out transgender individuals, while also encroaching on Colorado’s 10th Amendment purview over the regulation of medical practices.[11]
The federal government’s unlawful actions also threaten the day-to-day lives of Coloradans in several significant ways. Its deployment of armed soldiers into the streets of our cities to engage in civil law enforcement is a violation of our laws and our rights, making our cities less safe.[12] Its unlawful tariffs are creating chaos and uncertainty in our markets, raising prices for everyday Americans and financial uncertainty for retirees, especially those in Colorado who are already struggling to make ends meet.[13] Its attempts to extract the confidential, sensitive personal data and information of thousands of individuals, including those receiving SNAP benefits and enrolled in Medicaid, for unlawful purposes poses serious threats to our privacy, data security, and rights. Its efforts to interfere with Colorado’s clean energy goals and infrastructure—whether through attempting to halt wind energy development, attacking Colorado’s clean car program to improve air quality, or pulling back solar energy funding—threaten our health and our ability to protect our land, air, and water as we see fit.[14]
Unlawful federal actions like these, and the chaos and uncertainty they have unleashed, present another direct cost to our office and the people of Colorado. A core duty of the Department of Law is to serve as legal counsel to the state’s executive branch and all of Colorado’s state agencies. When unlawful federal actions such as these occur, we must dedicate increased time and resources to helping our state agency clients navigate how to respond and how to assist constituents who use their services. Many of these constituents are sent into a state of fear and panic because they will not be able to receive critical benefits and services that they rely on.
An illustrative example is helpful here as well. Earlier this year, the federal administration attempted to restrict access to critical health, education, and social service programs by issuing notices that prohibited state safety net programs from serving all residents, regardless of immigration status.[15] These included programs such as Head Start, Title X family planning, mental health care, and community health centers. The new rules, which took effect immediately, meant that state agencies would be required to verify individuals’ immigration status before providing benefits. This was a major shift from long-standing practice, and the programs lacked the procedures and resources needed to conduct these status verifications. Furthermore, the rules would affect not only undocumented immigrants, but also lawful visa holders and U.S. citizens who could not access formal documentation to prove their status.[16] This federal action caused major disruptions to programs that tens of thousands of Coloradans rely on and threatened to deter individuals from seeking help. It also increased the need for guidance and counsel from our office on an urgent basis.
In addition to being unlawful, federal actions such as these impose costs on our entire state infrastructure and the people of Colorado, preventing us from carrying out our important work of improving the lives of our citizens. It is essential to challenge such actions so that our state can operate normally and make progress on important goals and initiatives.
* * *
One of the painful realities of the second Trump administration is that the funding we have protected—well over a billion dollars—is funding we would have lost had we not gone to court to hold the administration accountable to the law. This is not a hypothetical concern. To the contrary: many states chose not to sue and consequently lost grants that those states who brought lawsuits secured.[17] This made a notable impact, underscoring why it is so important that Congress do its job and act as a check on this lawless administration–and not merely leave that job to the courts. Here’s a picture that tells that story[18]:
The choice to sue the Trump administration is one I make because I must – because it’s my duty to Colorado and the rule of law, not because I want to take on extra work for our department. This work is not only necessary, but it’s also making a real difference. For Colorado to gain access to the billion dollars our state’s legally entitled to and that we rely on, it is only taking the incredible service of the existing team members in our department as well as a $600,000 appropriation. That is a return to our state of a 1,000:1.
The monetary return to Colorado is only part of the story, however, as it is impossible to put a price on protecting our freedoms and our state’s sovereignty. Should the administration take seriously the need to follow the law, or should Congress take seriously the need to serve as a check on lawless executive actions, my role in taking on these cases would not be necessary. But as long as these lawless actions continue and go unchecked by Congress, I will continue to fight for Colorado and ensure that the administration is held to account under the law.
[1] As litigation is ongoing, some of these funds have been permanently restored through the courts or reversals of the federal government’s decision to withhold funds, and some have been temporarily restored through court orders such as preliminary injunctions while the litigation proceeds.
[2] https://coag.gov/press-releases/weiser-sues-hhs-kennedy-public-health-grant-cuts-4-1-25/; https://coloradonewsline.com/2025/06/23/colorado-rulings-lawsuits-trump-policies (opens new tab)
[3] https://coag.gov/press-releases/attorney-general-phil-weiser-lawsuit-trump-education-funding-7-14-25; https://www.colorado.gov/governor/news/federal-government-returns-federal-education-funding-after-school-programming (opens new tab)
[4] https://coag.gov/press-releases/attorney-general-phil-weiser-colorado-lawsuits-trump-illegal-immigration-conditions-emergency-infrastructure-5-13-25/
[5] https://coag.gov/press-releases/phil-weiser-sues-trump-federal-electric-vehicle-infrastructure-funding-5-7-25/
[6] https://coag.gov/press-releases/attorney-general-phil-weiser-prevents-cuts-to-americorps-service-programs/
[7] https://coag.gov/press-releases/attorney-general-phil-weiser-lawsuit-education-department-youth-mental-health-7-1-25/
[8] https://coag.gov/press-releases/weiser-statement-on-court-decision-to-fully-fund-snap-food-benefits/
[9] https://coag.gov/2025/attorney-general-phil-weiser-joins-lawsuit-against-trump-administrations-unlawful-executive-order-seeking-to-impose-sweeping-voting-restrictions/
[10] https://coag.gov/press-releases/executive-order-birthright-1-21-25/
[11] https://coag.gov/press-releases/colorado-challenging-white-house-order-gender-affirming-care/
[12] https://coag.gov/press-releases/attorney-general-phil-weiser-trump-military-deployment-california-6-12-25/
[13] https://coag.gov/press-releases/phil-weiser-jared-polis-colorado-lawsuit-trump-illegal-tariffs-4-23-25/
[14] https://coag.gov/2025/phil-weiser-sues-trump-wind-energy-5-5-25/; https://coag.gov/press-releases/attorney-general-phil-weiser-trump-attack-clean-car-6-12-25/; https://coag.gov/2025/sues-trumps-epa-to-recover-solar-for-all-funds/
[15] https://coag.gov/press-releases/attorney-general-phil-weiser-trump-lawsuit-block-restrictions-public-benefits-7-21-25/
[16] Id.
[17] A recent KFF Health News analysis related to the Trump Administration’s attempted $11 billion in public health cuts (discussed above) illustrates how states that do not join these lawsuits are leaving money on the table and sustaining significant losses for their constituents. While the attempted cuts were distributed relatively equally among states, states that brought legal challenges saw most of their grants reinstated. https://www.cnn.com/2025/08/26/health/states-cdc-grants-kff-health-news (opens new tab).
[18] Id.