Michigan Attorney General Dana Nessel joined a group of 23 attorneys general in filing a comment letter on April 2 opposing a proposal by the General Services Administration that would require new certifications for recipients of federal funding, potentially impacting diversity, equity, and inclusion (DEI) programs.
The coalition argues that the proposed requirements could create additional burdens for those seeking federal funds and might discourage lawful activities related to DEI. The issue is significant because it affects how states like Michigan can access and use federal resources while supporting social initiatives.
“The Trump administration has tried to attach vague and unlawful conditions to federal funding before, and those efforts have been consistently struck down by courts,” said Attorney General Nessel. “Now, they are trying it again with a sweeping proposal that would impact all federal funding that our state receives. This proposed guidance is just as unlawful as other attempts by the Trump White House and is just as unacceptable.”
The GSA’s notice proposes changes to its Financial Assistance General Representations and Certifications, which all applicants must complete through SAM.gov to receive federal money. The changes include compliance with President Trump’s executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” as well as Department of Justice guidance prohibiting federally funded programs from promoting DEI initiatives.
In their letter, Nessel and her colleagues claim the GSA’s plan violates several laws including the Paperwork Reduction Act by creating unnecessary paperwork for applicants without clear justification. They also argue it breaches the Administrative Procedure Act due to insufficient explanation or public input opportunities, exceeds GSA’s authority granted by Congress, fails constitutional spending requirements regarding clarity of notice, and may be unconstitutionally coercive.
Nessel was joined in this action by attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York Oregon Rhode Island Vermont Virginia Washington and Wisconsin.
According to the official website, Dana Nessel serves as Michigan’s 54th attorney general with statewide authority aimed at safeguarding residents. The Michigan Department of Attorney General advances social efforts such as combating human trafficking and supporting vulnerable populations according to its official website. The department also influences policy through measures like drafting the Clean Slate law in 2019 for expungement opportunities according to its official website.
Looking ahead,the coalition urges withdrawal of the proposal while emphasizing their commitment to protecting access to lawful DEI activities tied to federal support.
