New Hampshire officials make administrative appeal to try to restore $80M in federal funds
As other states go to court to fight for pandemic-era spending being clawed back by the Trump administration, New Hampshire is taking a more cautious approach to keeping $80 million the state had been counting on in its budget.
Gov. Kelly Ayotte said Wednesday that New Hampshire is taking steps to reclaim the money.
"You know, before you sue someone, you want to exhaust all your remedies," Ayotte said.
For now, the state is pursuing an administrative appeal with the U.S. Department of Health & Human Services.
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"So, we are going to pursue that, and we also have the ability to pursue the matter in court if we need to," Ayotte said.
Twenty-three states have already filed suit in Rhode Island. The judge in that case issued a temporary restraining order, restoring $11 billion in funding, but only to the states involved in the lawsuit.
"We don't agree with the reading of the TRO that the federal Justice Department has articulated," said Christopher Bond, general counsel for the New Hampshire Department of Justice. "We think it actually does apply to all of the funds, not just the ones for the plaintiff states."
Bond said the state has not missed its opportunity to avoid the clawback by deciding not to sue.
"Given the ruling on the temporary restraining order and moving forward with the administrative appeal, we think that is adequately protecting our interests now, but going forward, all options would be on the table," Bond said.
Some had been questioning why the state wasn't taking a more aggressive approach, but the lone Democrat on the Executive Council said she is satisfied with the way the issue is being handled.
"What I heard today was the Attorney General's Office said all options are on the table," said Executive Councilor Karen Liot Hill. "It sounds like they're going to be exhausting the administrative course, but it sounds like they're going to do whatever they have to do to make sure New Hampshire is protected, and I was glad to hear that."