In his decision, U.S. District Judge Michael H. Simon wrote that the councils were “likely to succeed on their claim that the withholding of the funds at issue in this case is unconstitutional.” He added, “The United States Constitution exclusively grants the power of the purse to Congress, not the President.”

Simon also wrote that, “Federal funding for the arts and humanities has enjoyed bipartisan support for decades, with Congress continuing to strengthen the statutes governing NEH and provide stable funding generation after generation.”