Attorney General Phil Weiser sues Agriculture Secretary Rollins for holding hostage billions in critical USDA funding

Attorney General Phil Weiser sues Agriculture Secretary Rollins for holding hostage billions in critical USDA funding

March 23, 2026 (DENVER) - Attorney General Phil Weiser joined a coalition of 21 attorneys general in suing the Trump administration over its unconstitutional and unlawful attempt to impose conditions on U.S. Department of Agriculture programs, grants, cooperative agreements and mutual interest agreements.

In their lawsuit, the states assert that USDA has threatened harsh penalties if states do not comply with the agency's vague and expansive funding conditions relating to immigration, diversity, equity and inclusion, and gender identity, which are unrelated to the purpose of USDA funding.

The lawsuit asks the court to block USDA from imposing these illegal funding conditions, including on critical programs such as the school lunch program; Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC; the Supplemental Nutrition Assistance Program, or SNAP; The Emergency Food Assistance Program (TEFAP); and the Volunteer Fire Capacity Program. The programs provide basic, essential services for millions of Colorado's most vulnerable children, working families, senior citizens and rural communities.

"USDA programs feed millions of children across the nation through the school lunch program, support a robust and safe agriculture economy, fund university research to advance food production, and save lives and communities by funding forest firefighting programs. Secretary Rollins is attempting to impose on the states vague and coercive funding conditions that have nothing to do with these programs. We should expect reasoned decision making from Secretary Rollins, not this unconstitutional nonsense. Billions of dollars in critical funding are at stake and that is why we are in court again to hold the USDA to account for their unlawful actions," said Attorney General Weiser.

Effective Dec. 31, 2025, USDA adopted new funding conditions requiring states to comply with the Trump administration's policies related to gender identity, diversity, immigration and fair athletic opportunities for girls and women. However, Attorney General Weiser and the attorneys general explain in their lawsuit that USDA does not fully identify or limit which policies the states must comply with, leaving states at the mercy of the administration for enforcement of the new conditions.

According to the lawsuit, Colorado received more than $322 million in federal funds for child nutrition programs in 2025, and $1.3 billion in SNAP food assistance funds in 2024.

In their lawsuit, the states allege the Trump administration has violated the Spending Clause as well as the Administrative Procedure Act because the conditions are arbitrary and capricious, unconstitutional, contrary to law, and beyond USDA's statutory authority. The attorneys general have asked the court to prohibit USDA from implementing or enforcing the illegal conditions.

Joining Attorney General Weiser in filing the lawsuit are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

Read the lawsuit Massachusetts v. U.S. Department of Agriculture (PDF).

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