Judge hears arguments over DOJ's motion to dismiss Minnesota lawsuit against Trump's anti-trans orders

Sarah Nelson, Star Tribune on Sep 8, 2025

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

MINNEAPOLIS — Lawyers representing the U.S. government argued in federal court Monday to dismiss a lawsuit brought by Minnesota over two executive orders issued by President Donald Trump’s administration targeting transgender children.

U.S. District Judge Eric Tostrud heard arguments from Abhishek Kambli, an attorney for the U.S. Department of Justice, that the state of Minnesota filed its lawsuit prematurely because President Donald Trump had not taken steps to rescind federal funding to states that didn’t comply with his orders banning trans athletes from participating in sports and defining only two sexes — male and female.

In arguing the lawsuit’s prematurity, Kambli said the prospect of funding cuts was not imminent because any threat to federal dollars would come after multiple federal proceedings during which the state would be allowed to defend its policies. Attorneys for Trump further argued that state laws simply being in conflict with the federal government is not grounds to sue.

“A state doesn’t get to walk into federal court and sue the federal government,” Kambli said.

Lawyers for Minnesota Attorney General Keith Ellison pushed back against the claims, saying Trump has effectively “usurped Congress’ authority” by threatening to control spending.

“That is an extraordinary step,” said Peter Farrell, an attorney for the Minnesota Attorney General’s Office.

Tostrud took the matter under advisement.

Ellison has previously said he filed the suit as a response to multiple threats by the Trump administration to sue Minnesota and withhold federal funding if officials did not comply with the two executive orders he issued in his first days in office.

In February, the federal government announced it would investigate the Minnesota State High School League, a nonprofit that oversees athletic programs for school districts across the state, on whether it would comply with the executive order.

Days later, Ellison issued a formal legal opinion stating the executive order does not supersede the Minnesota Human Rights Act and that schools that comply with the executive orders by barring children from participating in activities consistent with their gender identity are violating state law.

The lawsuit says U.S. Attorney General Pam Bondi responded to the opinion via a letter to Ellison, stating the DOJ stood ready to pursue legal action against states that defied “federal discrimination law.”

In court, Farrell argued the orders place Title IX and Minnesota’s laws “on a collision course” and pointed out that the Trump administration sent similar notices to two other states — Maine and California — over nearly identical policies. Minnesota is the only state not being investigated because of the lawsuit, Farrell noted.

The suit is one of a handful of legal battles surrounding transgender athletes participating in Minnesota high school sports in recent months.

The U.S. Department of Health and Human Services Office for Civil Rights launched an investigation in June into whether the Minnesota State High School League and the Minnesota Department of Education allowed “male athletes to compete on sports teams reserved for females.”

A separate lawsuit was filed against the state by a group on behalf of metro-area high school softball players who argue a decade-old state policy allowing transgender athletes created an unsafe and unfair playing field.

_____