A commentary by
The article was originally published in German on Blog – Demokratie. https://blog-demokratie.de/gesundheit-zerstoert-demokratie-missachtet-19-bundesstaaten-verklagen-trump-rfk-jr/
Today, I read a disturbing report by
Juhani Nurmi (German translation), which highlights a constitutional and political crisis unfolding in the United States.
It describes how Donald Trump and his Health Secretary Robert F. Kennedy Jr. are radically restructuring the U.S. Department of Health and Human Services (HHS) – and are now being sued by 19 U.S. states and the District of Columbia.
The allegations are serious
The lawsuit, led by New York Attorney General
Letitia James, accuses Trump and RFK Jr. of:
- Violating the U.S. Constitution and the separation of powers,
- Conducting unlawful restructuring without Congressional approval,
- Politically motivated firings in critical public health sectors,
- Sabotaging life-saving federal programs and services.
What happened?
Under the guise of „reform“:
- 28 federal health agencies were merged into 15,
- Around 20,000 employees were laid off – including scientists, doctors, and public health experts,
- Half of the regional HHS offices were shut down,
- Programs for pregnant women, children, firefighters, veterans, and marginalized groups were either closed or defunded.
This was done under the slogan “Make America Healthy Again” – but in reality, it’s a politically motivated gutting of federal institutions and public services.
Legal assessment – Violations of U.S. law and the Constitution
1. Violation of the Administrative Procedure Act (APA), 5 U.S.C. §§ 551–559
Major administrative changes require public notice, hearings, and consultation with stakeholders – including Congress and state governments. None of this happened. This makes the restructuring legally void under the APA.
2. Constitutional violation – Article I, Sections 1 & 8 of the U.S. Constitution
Only Congress has the power to legislate and allocate federal funds. Trump and RFK Jr. bypassed Congress, thereby violating the principle of separation of powers as established in Marbury v. Madison (1803).
3. Violation of the nondelegation doctrine
Executive agencies cannot assume legislative or judicial powers. The top-down restructuring without legal basis breaches this doctrine, reaffirmed by the Supreme Court in West Virginia v. EPA (2022).
4. Violation of the Civil Service Reform Act (5 U.S.C. § 2301)
Federal employment decisions must not be politically discriminatory. The lawsuit points out that dismissals disproportionately affected programs for LGBTQ+ health, addiction prevention, maternal care, and environmental medicine.
5. Violation of the National Health Promotion and Disease Prevention Act (42 U.S.C. § 300u)
This law mandates that HHS must promote public health, disease prevention, and education. Shutting down labs, terminating cancer prevention programs, and firing staff in infectious disease research contradicts this federal mandate.
Quotes from attorneys and media
Letitia James (NY Attorney General):
“This administration isn’t streamlining the federal government – it’s sabotaging it. When you fire scientists, silence doctors caring for pregnant women, and shut down programs that help firefighters breathe or children thrive, you’re not making America healthy – you’re putting lives in danger.”
California Attorney General’s Office:
“This restructuring violates not only legal norms but the federal government’s responsibility to ensure the health of its people. Programs were eliminated without legal authority, without warning, and without oversight.”
Reuters, May 5, 2025:
“The Democratic-led states see this restructuring as a deliberate weakening of the public health infrastructure – orchestrated by a secretary who has long opposed vaccines, scientific standards, and federal oversight.”
Why this lawsuit is historic
This case is not just a legal action – it is a defense of democracy itself.
When leaders like Trump and Kennedy Jr. dismantle institutions, eliminate public services, and do so without legislative backing, it’s not about efficiency – it’s about control. It’s about sidelining science, silencing dissent, and removing accountability.
This coalition of 19 states is standing up not only for public health – but for the rule of law and the American Constitution.
The following states are participating in the lawsuit:
Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Michigan, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia
Conclusion
The restructuring of the U.S. Department of Health and Human Services under Trump and RFK Jr. is not a reform – it’s a hostile takeover of public infrastructure.
Eliminating programs for cancer screening, addiction recovery, or maternal health doesn’t improve health – it destroys protection for those who need it most.
This lawsuit is both a constitutional alarm and a moral call to resist authoritarian overreach in the name of “efficiency.”
Hashtags:
#RFKjr #TrumpSabotage #PublicHealthCrisis #LetitiaJames #SaveTheCDC
Source (translated from German based on report by Juhani Nurmi):
LinkedIn: Juhani Nurmi – Breaking: Donald Trump and MAGA Health Secretary sued by 19 states
