Why Trump's assault on blue states is blatantly illegal

What does Donald Trump have against Minnesota? Not only is ICE causing mayhem in Minneapolis, but Trump is halting hundreds of millions of dollars in federal funding for social services programs there, according to a Tuesday announcement from the Department of Health and Human Services.

It’s not just Minnesota. Trump is also stopping billions in funding for social services in Colorado, Illinois, New York, and California.

Why? Could it be because all of them are led by Democrats and inhabited by voters who overwhelmingly rejected Trump in 2024?

It’s not the first time Trump has openly penalized “blue” states. What’s new is how blatant his vindictiveness toward blue states has become.

Angry at Colorado’s votes against him in three successive elections and at its refusal to free Tina Peters — the former clerk of Mesa County, who was convicted in 2024 of tampering with voting machines under her control in a failed plot to prove they had been used to rig the 2020 election against Trump — Trump has cut off transportation money to Colorado, relocated the military’s Space Command, vowed to dismantle a major climate and weather research center located there, and rejected disaster relief for rural counties hammered by floods and wildfires.

Two weeks ago Trump used the first veto of his second term to kill a pipeline project that had achieved bipartisan congressional support, to provide clean drinking water to Colorado’s parched eastern plains. (Trump’s action enraged Republican congresswoman and formerly dedicated Trumper Lauren Boebert, who stated: “Nothing says America First like denying clean drinking water to 50,000 people in southeast Colorado, many of whom voted for him in all three elections.”)

If there were any doubts about Trump’s sentiments toward Colorado, he posted a New Year’s Eve message telling Colorado Governor Jared Polis, a Democrat, and Daniel P. Rubinstein, the Republican district attorney in Mesa County who prosecuted Ms. Peters, to “rot in Hell,” adding “I wish them only the worst.”

Is it even legal for Trump to reward red states and penalize blue ones? In a word: No.

In early December, Justice Department lawyers openly admitted that Trump withheld Department of Energy grants to Minnesota and other states according to “whether a grantee’s address was located in a State that tends to elect and/or has recently elected Democratic candidates in state and national elections.”

It’s the first time the Trump regime clearly acknowledged in court that which states get what depends on whether most people in a state voted for or against him.

What’s the legal argument? Trump’s Justice Department lawyers claim that such overt political vindictiveness “is constitutionally permissible, including because it can serve as a proxy for legitimate policy considerations.”

This, my friends, is utter rubbish.

Punishing states based on whom their residents voted for directly violates the 14th Amendment’s Equal Protection Clause, which requires that the government treat citizens equally under the law: No “State [shall] deprive … to any person within its jurisdiction the equal protection of the laws.”

Penalizing a state for how its citizens vote also violates the First Amendment’s guarantee of freedom of speech. Voting is one of the most basic forms of speech in a democracy; it cannot be abridged or punished depending on for whom one votes.

And it violates a president’s duty under the Constitution to “take Care that the Laws be faithfully executed.” At the least, this requires that a president apply the law in a nonpartisan way. Congress may award grants or benefits to certain states and not others, but this power is reserved for Congress, not the president.

The issue will almost certainly end up in the Supreme Court. Although my expectations for our highest court could not be much lower, I’d be surprised if the justices sided with Trump here.

Any other result would effectively allow Trump to pit red states against blue and wreak havoc on the very idea of a national government.

Trump has made it clear he regards himself as president only of the people who voted for him. But that’s not how the Constitution works. Nor is it how American democracy works.

• Robert Reich is a emeritus professor of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com/.
• Robert Reich's new memoir,Coming Up Short, can be found wherever you buy books. You can also support local bookstores nationally by ordering the book at bookshop.org