U.S. District Judge Loren AliKhan indefinitely blocked the Trump administration’s federal funding freeze Tuesday.
AliKhan ruled in favor of the National Council of Nonprofits’ claim the freeze is a violation of the First Amendment and exceeded the granted authority of the Office of Management and Budget (OMB). The network of nonprofits also argued that the freeze would be economically devastating and possibly even “fatal” to the members.
The Trump administration originally directed federal agencies to pause financial assistance while a review was conducted to ensure spending met the desired objectives. (RELATED: Democrats Attempt To Weaponize Funding Freeze To Halt Trump Nominee Russell Vought’s Hearing)
AliKhan claimed the federal government may be crossing a constitutional line, according to the ruling.
“The scope of power OMB seeks to claim is ‘breathtaking,’ and its ramifications are massive,” she asserted.
In 2020, as solicitor general of D.C., AliKhan defended Democratic Washington, D.C., Mayor Muriel Bowser in the case of Capitol Hill Baptist Church vs. Bowser.
In the case, the church sued the city for its restrictions on worship ceremonies, including those held outdoors. The church was denied a waiver application, despite large protests being allowed in the wake of the death of George Floyd.
The church argued over the importance of religious liberty and religious communities in a free society. It also claimed the city violated their Fifth Amendment right of not depriving life, liberty and property without proper due process.
In its ruling, the court cited the 1993 law, The Religious Freedom Restoration Act (RFRA). It ruled that the restrictions from the mayor placed a considerable burden on the free exercise of religion.
Republican Missouri Sen. Josh Hawley grilled AliKhan for her defense of Bowser’s restrictions during her confirmation hearings in a video posted Feb. 16.
Loren Alikhan, the judge who issued one of the most extraordinary remedies in the legal profession, an injunction against the Trump administration administration, is as partisan as they come.
Here is her confirmation hearing in which Josh Hawley grills her because she defended… pic.twitter.com/1wz3b7lZI3
— Insurrection Barbie (@DefiyantlyFree) February 16, 2025
AliKhan told Hawley they lost the case because the court determined the restrictions did not hold up against the strict scrutiny test. Strict scrutiny is the highest standard of review that a court will use to evaluate the constitutionality of government action.
Hawley pointed out that while Bowser imposed restrictions on religious institutions, she actively was attending the mass protests.
“Mayor Bowser was going to mass protests, herself personally, with thousands of people … At the same time she was doing that she was prohibiting churches, religious people, from gathering socially-distanced outside, wearing masks and the district court said ‘you can’t do that, that’s discrimination,’” Hawley affirmed.
Mayor Muriel Bowser joined the downtown D.C. protests this afternoon. She addressed the crowds with a speech that ended with this: “On Black Lives Matter Plaza, we said ‘no.’ In November, we say ‘next.” https://t.co/UMkSroRRvd pic.twitter.com/fuubGiQXZF
— DCist (@DCist) June 6, 2020
DC Mayor Muriel Bowser visits Black Lives Matter mural in Washington, D.C. pic.twitter.com/pa8zBAGg6Y
— The Hill (@thehill) June 5, 2020
Hawley questioned AliKhan on why she defended restrictions on religious services. AliKhan said she was simply doing her job.
“I was representing my client, the mayor, and consulting epidemiologists had issued orders that she thought were going to defend public health. It was my role to defend those,” she said. “My understanding was the nature of singing and other things, epidemiologists thought could transmit covid at a higher rate.”
Hawley pointed out there was no scientific evidence to back her claim. AliKhan continued to defend herself by stating the cases were fast-moving and not going through the normal, extensive process of a full briefing and full summary judgement.
In a statement following the ruling, First Liberty Institute — which represented Capitol Hill Baptist Church — said that a church is a community that gathers and should be treated fairly by the government.
AliKhan was appointed by former President Joe Biden in February of 2022.