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"These bipartisan investments need to start flowing immediately," the top Democrat on the Senate Appropriations Committee said of the GAO finding as a lawsuit over the funding got a boost from green groups.
Key congressional Democrats on Thursday welcomed a government watchdog's finding that the Trump administration unlawfully withheld appropriated funds for building electric vehicle charging infrastructure across the United States‚ a decision that came as advocacy groups joined a related lawsuit filed by state attorneys general.
Shortly after returning to office in January, President Donald Trump issued an executive order directing agencies to pause disbursement of funds appropriated under the Inflation Reduction Act and the bipartisan Infrastructure Investment and Jobs Act, specifically mentioning the National Electric Vehicle Infrastructure (NEVI) Formula Program.
In response, the U.S. Department of Transportation (DOT) and one of its agencies, the Federal Highway Administration, in February canceled previously issued guidance for the NEVI program and suspended plans that states had submitted for grant money—which led to calls for Congress to stand up to the administration's "illegal attempts to halt legally mandated funding."
The Government Accountability Office (GAO) said in its Thursday decision that the department violated the Impoundment Control Act: "DOT is not authorized to withhold these funds from expenditure and DOT must continue to carry out the statutory requirements of the program. While DOT cannot withhold these funds under the ICA, DOT could propose funds for rescission or otherwise propose legislation to make changes to the NEVI Formula Program for consideration by Congress."
"The Trump administration didn't just break the law—it shortchanged the American people."
Politicoreported that "the GAO could issue similar rulings in the coming months, as the independent, nonpartisan watchdog agency works through at least 39 investigations into whether the Trump administration violated the Impoundment Control Act. GAO rulings are nonbinding but could influence Congress' response to... Trump's freezing of billions of dollars lawmakers intended to flow to specific programs and projects, as well as the many ongoing lawsuits challenging the president's tactics."
In a Thursday statement about the GAO findings, U.S. Senate Appropriations Committee Vice Chair Patty Murray (D-Wash.) said, "This legal decision affirms what we've long known: The president is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people—simply because he disagrees with it. This plain fact is unacceptable—and it cannot stand any longer."
"Congress passed the Bipartisan Infrastructure Law by wide margins and specifically provided funding for every state to build out a network of chargers for the electric vehicles that families are increasingly turning to and that are being made right here in America, she continued. "These investments should be getting out the door—creating new jobs and helping Americans get where they need to go without interruption—but President Trump has illegally choked this funding off."
"These bipartisan investments need to start flowing immediately—as do the hundreds of billions of dollars in other investments President Trump is holding up," she added, taking aim at his Office of Management and Budget (OMB) director. "I don't care about Russ Vought's personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse—Congress does."
House Budget Committee Ranking Member Brendan Boyle (D-Pa.) released a similar statement welcoming the GAO's new legal opinion that "the Trump administration broke the law when it blocked funding that Congress had already approved."
"That money was supposed to build and maintain a nationwide EV charging network—and with it, create good-paying jobs in communities across the country," he stressed. "Instead, the administration stalled economic growth, delayed critical infrastructure, and undermined job creation—all without a shred of legal authority."
"This wasn't just a legal violation. It was an economic setback for American workers, and a direct hit to the communities counting on these investments," Boyle added. "The Trump administration didn't just break the law—it shortchanged the American people."
According to Politico, while the DOT could not be reached for comment, an OMB spokesperson called GAO's opinion "wrong" and said the department is "appropriately using the authority granted to it by statute to review state plans."
Standing up for cleaner vehicles and clean air. @sierraclub.org @climatesolutions.org @earthjustice.org and allies sue Trump Admin for illegally impounding funds that Congress appropriated for EV charging. www.sierraclub.org/press-releas...
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— Ross Macfarlane (@rossmacfarlane.bsky.social) May 22, 2025 at 3:53 PM
The attorneys general of 16 states and the District of Columbia disagree, and have filed a lawsuit in the U.S. District Court for the Western District of Washington. The Sierra Club, CleanAIRE N.C., Climate Solutions, Earthjustice, Natural Resources Defense Council, Plug In America, the Southern Alliance for Clean Energy, the Southern Environmental Law Center, and the West End Revitalization Association joined that legal challenge on Thursday.
"Donald Trump is trying to cut jobs, increase pollution, and endanger our health. We refuse to let him," said Sierra Club executive director Ben Jealous in a statement. "NEVI benefits everyone, whether you drive an EV or not, and the only people who benefit from blocking it are Big Oil and auto executives seeking to keep us hooked on fossil fuel-powered cars, while communities in every corner of the country lose out on infrastructure investments in our growing clean energy economy."
"The NEVI program is working and states are legally entitled to the money allocated to them by Congress," Jealous added. "Once again, we are taking the Trump administration to court over its reckless and illegal actions."
"If enacted, this would be the largest transfer of wealth from the poor to the rich in a single law in U.S. history."
The nonpartisan Congressional Budget Office said Tuesday that the Republican legislation speeding through the U.S. House of Representatives would cut household resources for the bottom 10% of Americans while delivering gains to the wealthiest in the form of tax breaks.
"If enacted, this would be the largest transfer of wealth from the poor to the rich in a single law in U.S. history," Bobby Kogan, senior director of federal budget policy at the Center for American Progress, said in response to the CBO analysis, which was released shortly before the start of a dead-of-night House Rules Committee hearing on the Republican reconciliation package.
On average, according to the CBO, U.S. households would "see an increase in the resources provided to them by the government over the 2026–2034 period."
But the resources "would not be evenly distributed among households," the CBO found, estimating that "in general, resources would decrease for households in the lowest decile (tenth) of the income distribution, whereas resources would increase for households in the highest decile."
"This is what Republicans are fighting for—lining the pockets of their billionaire donors while children go hungry and families get kicked off their healthcare."
The analysis takes into account an extension of soon-to-expire provisions of the 2017 Trump-GOP tax cuts as well as Republicans' push for around $1 trillion in combined cuts to Medicaid and the Supplemental Nutrition Assistance Program (SNAP), which would primarily harm low-income Americans.
"The nonpartisan Congressional Budget Office's unprecedented analysis has confirmed what Democrats have known to be true—the GOP Tax Scam will hurt working families the most while delivering massive tax breaks for billionaires like Elon Musk," said House Minority Leader Hakeem Jeffries (D-N.Y.), who joined Rep. Brendan Boyle (D-Pa.) in requesting the distributional analysis.
"Any claims otherwise are intentionally deceptive regarding the Republican plans to rip healthcare away from nearly 14 million Americans and take food out of the mouths of millions of people, including children and seniors," said Jeffries. "Republicans are attempting to quickly jam this unpopular legislation through the House because they know that the longer they wait, the more will come to light about this cruel and unconscionable bill. For a party that claims to be for the working class, this analysis indicates the opposite."
Boyle, the ranking member of the House Budget Committee, said that "this is what Republicans are fighting for—lining the pockets of their billionaire donors while children go hungry and families get kicked off their healthcare."
"CBO's nonpartisan analysis makes it crystal clear: [President] Donald Trump and House Republicans are selling out the middle class to make the ultra-rich even richer. Every word out of Trump's mouth about helping working Americans was a lie."
The CBO also said Tuesday that the Republican reconciliation package, which Trump has championed, would trigger automatic cuts to Medicare spending—reductions that the nonpartisan body did not factor into its distributional analysis.
The CBO's analysis also did not include the impact of a tentative deal to boost the cap on state and local tax deductions (SALT), a change that would primarily benefit wealthy households.
"This reported SALT deal and accelerated Medicaid cuts would make the bill even more effective at transferring resources from low-income to high-income households," said Brendan Duke of the Center on Budget and Policy Priorities, referring to GOP hardliners' push for an earlier start date for Medicaid work requirements, which experts have decried as cruel and ineffective.
"This is what Republicans do—pay for massive tax breaks for billionaires by going after programs families rely on the most: Medicaid, food assistance, and now Medicare."
The sprawling reconciliation package that House Republicans are rushing through committee would trigger over $500 billion in automatic cuts to Medicare, according to a Congressional Budget Office estimate released late Tuesday.
The CBO analysis, requested by Rep. Brendan Boyle (D-Pa.), came just hours before Republicans convened a dead-of-night House Rules Committee hearing on the budget legislation as they scramble to meet their Memorial Day deadline.
If enacted, the Republican bill would add trillions of dollars to the deficit over the next decade by delivering another round of tax cuts skewed to the rich, partially offset by huge cuts to Medicaid and other programs.
According to the CBO, the bill's addition to the deficit would trigger a process known as sequestration under the Statutory Pay‑As‑You‑Go (PAYGO) Act of 2010, a law long reviled by progressives that requires spending cuts equal to legislation's average deficit impact.
Unless lawmakers offset the deficit impact of the Republican bill or agree to waive the PAYGO requirements—which the GOP measure does not do—the Office of Management and Budget (OMB) "would be required to issue a sequestration order not more than 14 days after the end of the current session of Congress (excluding weekends and holidays) to reduce spending by $230 billion in fiscal year 2026," the CBO said.
"The deficit will explode so badly it will trigger automatic cuts, including over half a trillion dollars from Medicare."
Under PAYGO, automatic Medicare cuts are capped at 4%. The CBO estimates that the Republican legislation would trigger roughly $45 billion in Medicare cuts in 2026 and a total of $490 billion in cuts to the program between 2027 and 2034.
"This Republican budget bill is one of the most expensive—and dangerous—bills Congress has seen in decades," said Boyle, the top Democrat on the House Budget Committee. "The nonpartisan CBO makes it clear: The deficit will explode so badly it will trigger automatic cuts, including over half a trillion dollars from Medicare."
"This is what Republicans do—pay for massive tax breaks for billionaires by going after programs families rely on the most: Medicaid, food assistance, and now Medicare," Boyle added. "It's reckless, dishonest, and deeply harmful to the middle class."
Boyle highlighted the CBO's findings during his testimony at the House Rules Committee hearing, which began in the early hours of Wednesday morning.
"This is really the breaking news," Boyle said. "Over the last several months, there's been no discussion of Medicare at all. There has been of Medicaid, but not of Medicare."
"Because of the size of the deficits, because of the PAYGO or Pay-As-You-Go Act, that would trigger sequestration of Medicare, and it would total over $500 billion," Boyle continued. "The official figure that CBO confirms is $535 billion in cuts to Medicare."
Boyle: "This is really the breaking news ... because of the size of the deficits, because of the paygo act, that would trigger sequestration of Medicare, and it would total over $500 billion. The official figure that CBO confirms is $535 billion in cuts to Medicare." pic.twitter.com/29mGQj0mgi
— Aaron Rupar (@atrupar) May 21, 2025
Boyle and other Democrats said the looming Medicare cuts amount to a betrayal of President Donald Trump's vow to shield the program—a promise that was included in the GOP's 2024 election platform.
"They're not just cutting Medicaid," said Rep. Teresa Leger Fernández (D-N.M.), referring to the reconciliation bill's roughly $600 billion in proposed cuts to the healthcare program for low-income Americans. "They're cutting Medicare too."
House Budget Committee Democrats wrote on social media that "Trump promised to protect Medicare."
"He lied," they added.