City of Salem v. Mullin
Case Overview
The City of Salem, Oregon sued the U.S. Department of Homeland Security and FEMA after the agencies attached new conditions to federal disaster-relief grants the city relies on, including Public Assistance funds already approved to repair storm damage and planned resilience funds to replace the only bridge to Salem's drinking-water treatment plant. The conditions, drawn from a series of 2025 executive orders including Executive Order 14168 ("Defending Women from Gender Ideology Extremism") and Executive Order 14173 (the DEI order), required grant recipients to disavow "DEI" and "gender ideology," to comply with the full text of presidential executive orders related to grants, and to accept that DHS could terminate awards for convenience or when they no longer served agency priorities. Salem argued the conditions were unconstitutional and unlawful under the Administrative Procedure Act. On August 20, 2026, Judge Michael J. McShane granted a preliminary injunction, finding Salem likely to succeed on its separation-of-powers, Spending Clause, and APA claims.
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