Michigan Attorney General Dana Nessel has joined 11 other attorneys general in suing the U.S. Department of Health and Human Services (HHS)





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*FOR IMMEDIATE RELEASE:*
January 15, 2026




*Media Contact:*
Danny Wimmer <[email protected]>






Attorney General Nessel Sues HHS for Conditioning Funding on Discriminatory Policy

*LANSING* – Michigan Attorney General Dana Nessel has joined 11 other attorneys general in suing the U.S. Department of Health and Human Services (HHS) for unlawfully conditioning hundreds of billions of dollars in federal funding on states’ agreement to discriminate against transgender people. Under a new HHS policy, recipients of federal health, education, and research funding must certify compliance with a presidential executive order that seeks to deny the existence of transgender people and impose rigid, unscientific definitions of sex. Attorney General Nessel and the coalition argue that HHS has no authority to impose these conditions and is illegally using federal funding to coerce states into discriminating against their residents [ [link removed] ]. They are asking the court to step in and strike down the unlawful funding conditions. 

“The Trump Administration continues their playbook to illegally condition congressionally appropriated funding, the states’ own taxpayer funds, to advance their political agenda,” said Nessel. “My office has fought back against these attempts repeatedly last year, and we’re continuing to protect Michigan’s federal funding.” 

HHS’s sweeping policy requires states, public universities, health agencies, hospitals, and other recipients of federal funds to certify compliance with Title IX protections, which it characterizes as “including the requirements” of the President’s executive order redefining sex in a way that excludes transgender people. HHS has made this certification a condition of funding across the agency and has warned that recipients could face termination of grants, repayment of funds, and even civil or criminal liability if they are found to be out of compliance. The policy applies not only to new grants, but also to existing funding, placing ongoing programs at immediate risk. At the same time, HHS has failed to clearly explain what compliance requires.  

The attorneys general argue that HHS lacks the authority to impose these conditions and is unlawfully attempting to rewrite Title IX through executive action and agency policy. The lawsuit alleges that the policy violates the U.S. Constitution by overriding Congress’ power of the purse, breaks federal law by attaching vague and retroactive conditions to funding, and violates the Administrative Procedure Act by imposing a major policy change without notice or explanation. The policy also contradicts decades of court opinions and settled federal guidance recognizing that Title IX protects people from discrimination based on gender identity. The coalition is asking the court to declare the policy unlawful and block HHS from enforcing it, allowing states to continue providing health care, education, and other essential services without being forced to discriminate.

Joining Attorney General Nessel in filing the lawsuit are the attorneys general of California, Colorado, Delaware, Illinois, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont, and Washington. 

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