Maine under attack? Trump-Mills clash is followed by chaos and confusion – Press Herald
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Account Subscription: ACTIVEQuestions about your account? Our customer service team can be reached at circulation@metln.org during business hours at (207) 791-6000.The president singled out Maine’s governor in a Feb. 21 meeting at the White House; she replied, ‘See you in court.’ Some national observers say Maine is feeling the consequences. You are able to gift 5 more articles this month.Anyone can access the link you share with no account required. Learn more.With a Press Herald subscription, you can gift 5 articles each month.It looks like you do not have any active subscriptions. To get one, go to the subscriptions page.With a Press Herald subscription, you can gift 5 articles each month.Maine Gov. Janet Mills, left, speaks to President Donald Trump, right, as Trump delivers remarks during a governor’s working session in the State Dining Room at the White House in February. Pool photos via AP It was three weeks ago that President Donald Trump issued a stern warning to Gov. Janet Mills in front of a gathering of governors at the White House.The state will not “get any federal funding at all,” he said, if Maine doesn’t comply with his executive order banning competition in women’s and girls sports to anyone not assigned female at birth.The Trump administration hasn’t cut off all funding — at least not yet — but it has brought chaos and confusion to Maine from every direction.Last week’s decision by the U.S. Department of Agriculture to halt payments to the University of Maine System (only to overturn that decision two days later) was the latest in a string of actions since that Feb. 21 showdown between Trump and Mills.Collectively, they have left state officials, members of Maine’s congressional delegation and other observers confused and concerned about what might be next. And, while other states are also feeling the effects of rapid-fire federal cuts, what’s happening in Maine is being watched around the country.“What we’re seeing here is a level of vindictiveness that no president has ever had,” said Jeremy Mayer, associate professor at George Mason University’s Schar School of Policy and Government in Fairfax, Virginia.AdvertisementMills’ office characterized the developments in a written statement last week as a “pattern of recent federal actions that are creating uncertainty and instability in Maine, and the country.” But she has otherwise maintained a low public profile since making national headlines and has refused requests for interviews, including for this story.The White House also did not respond to media inquiries for this story.Some of the cuts to federal programs and staffing in recent weeks are not unique to Maine but part of broader efforts by Trump and billionaire Elon Musk to shrink government.Other actions, however, have only affected Maine, and some are expressly linked to the transgender policy dispute. And even though many have quickly been reversed, the barrage has left observers suspecting that Trump’s team is looking for ways to retaliate against the state simply because Mills publicly defied him.“We’ve seen before that he’s floated the idea of going after states he sees as not sufficiently politically supportive, so this is consistent with that worldview,” said Maya Sen, a political scientist at Harvard University’s John F. Kennedy School of Government.Michael Franz, professor of government and legal studies at Bowdoin College, said Trump’s focus on Maine is “definitely part of an intimidation strategy.”Advertisement“I think he’s sending a message … that he’s going to play hardball with anyone who disagrees,” Franz said. “What I don’t understand is the logic or strategy — if there even is a strategy — to the on-again, off-again approach.”The president’s recent moves could serve not just as a warning to Maine, but to other states as well: Defy me at your own peril.“One thing I think is true: A lot of other states’ governors are watching what happens to Maine and trying to calibrate how they might respond,” Sen said. “No state wants to be singled out. No one wants to risk becoming the target.”Only a few hours after the confrontation between Trump and Mills — a dustup that ended with Mills saying, “see you in court” — the state learned that it was under investigation by multiple federal agencies for possible Title IX violations.Title IX is a longstanding federal law that prohibits discrimination on the basis of sex in educational programs that receive federal funding. The Trump administration is arguing that allowing transgender girls to compete in girls sports is a form of discrimination against other athletes, an argument that has yet to be tested in court.Two agencies — the U.S. Department of Health and Human Services and the U.S. Department of Education — were directed to look into Maine’s compliance, which had been elevated to the national stage in part by social media posts and subsequent appearances on Fox News and elsewhere by state Rep. Laurel Libby, R-Auburn. Libby’s claims involved a transgender high school athlete who won a track and field championship.AdvertisementThe day after the White House meeting, the U.S. Department of Agriculture informed the University of Maine System that it also would be investigated for possible Title IX violations, although it wasn’t clear what those violations were or why it was targeted, except that it is in Maine. The system does not allow transgender athletes to compete.On Feb. 25, U.S. Attorney General Pam Bondi sent a letter to Mills indicating more legal action could follow.“Maine should be on notice,” she wrote. “If these or other federal investigations show that the relevant Maine entities are indeed denying girls an equal opportunity to participate in sports and athletic events” by allowing transgender girls to compete, “the Department of Justice stands ready to take all appropriate action to enforce federal law.”That same day, the U.S. Department of Health and Human Services declared Maine to be in violation of Title IX, an outcome Mills had said was “predetermined.” Most similar investigations take months or more, and no state officials were interviewed or asked to provide any evidence.A few days later, on March 1, state officials were notified that $4.5 million in Maine Sea Grant funding was being discontinued. That grant, overseen by the University of Maine System, supports business development, research and marine science education.Maine was the only state targeted among 33 that currently receive funding under that program, which has no connection to Title IX.AdvertisementThen on March 5, the Trump administration reversed course and said it would renegotiate funding for Maine Sea Grant, as long as the program “focuses on advancing Maine’s coastal economies, working waterfronts and sustainable fisheries.”The very next day, Maine officials were alerted that the Social Security Administration was ending a decadeslong practice of allowing parents to register their newborn for a Social Security number at the hospital and instead requiring them to do so by visiting one of the state’s eight Social Security offices. The federal agency did not provide a reason.Again, Maine was the only state targeted for that change. The change also was abruptly reversed, this time the following day.Finally, this week the USDA announced it was suspending funding to the UMaine System. A spokesperson for the system said it has $56 million in active USDA grants, most of which support the flagship campus in Orono and agriculture programs and research.USDA employees were told to withhold the funding while the agency conducted its Title IX investigation. The university system, which had already assured the agency it does not allow transgender women to compete in women’s sports, was not informed of any violations.Two days later, the USDA reversed course, again without explanation.AdvertisementMany have used the term “whiplash” to describe the last three weeks.“I’m sure there is somebody in the White House that’s saying, ‘How can we hurt Maine? How can we hurt this governor?” said Mayer, with George Mason. “But I don’t think you can look to this White House for carefully considered government policy.”U.S. Rep. Chellie Pingree, D-1st District, has been most critical of Trump’s actions among the members of Maine’s congressional delegation.She called his decision to halt USDA funding “vindictive,” and previously said the president had a “personal vendetta” against Maine.But Pingree also acknowledged that Maine is not alone.“I wouldn’t give the president the privilege of trying to tie it to a particular issue, because the president is doing this in states across the country,” she said in an interview. “Maine is being targeted for certain cuts. He’s targeting universities. He’s targeting other states over things like their climate change laws. The president is acting as if he is a king – as if he doesn’t have to follow the Constitution.”AdvertisementIt’s true that other states have been targeted to some degree.New York and Illinois, for instance, have been sued by the Trump administration for allegedly violating federal immigration law.The Justice Department also recently sent letters to California and Minnesota threatening to sue those states if they don’t ban transgender girls from athletics.And many cuts — including to federal agencies like Veterans Affairs and the Department of Education — have affected all states.Other members of the state’s delegation have expressed concern about impacts to Maine, albeit in less-pointed ways.Sen. Susan Collins’ staff, in response to questions last week, would not address whether the senator believes Maine is being targeted or retaliated against. But her staff said she has been busy responding to the actions.Advertisement“In regards to Maine Sea Grant and Social Security, I have not been able to determine exactly why these programs in Maine were terminated,” Collins said in a written statement. “I have, however, made clear to the administration that these programs have absolutely nothing to do with the Title IX investigation.”Collins, who chairs the powerful Appropriations Committee, took credit for the restoration of USDA funding this week, announcing the reversal late Wednesday after she met with Trump officials.Franz, at Bowdoin, said although Collins doesn’t have a close relationship with Trump, she might be successful working behind the scenes to leverage her influence.“I’m guessing the people who are taking a sledgehammer to programs or acting in retaliation aren’t gaming out the consequence, so she might be reminding them of that,” Franz said.Sen. Angus King also has been critical of the Trump administration’s decisions and has been adamant that the president can’t withhold federal funding or eliminate federal programs that have been approved by Congress.King joined Collins in asking the Social Security Administration to provide a briefing about what happened.Advertisement“Maine deserves an explanation,” King said at the time.National observers say what’s happening in Maine is an example of the president expanding the power of his office and facing little resistance from within his own majority party, so far.“Trump is so confident right now,” Mayer said. “And why not? He’s mounted the greatest comeback in political history. And not just that, but the mainstream Republicans that kept him in check before are just not there.”Whether the Trump administration actually cuts off the state’s funding as Trump has threatened to do could depend on the courts.State officials say they are following the Maine Human Rights Act and that complying with Trump’s executive order banning transgender female athletes from women’s sports would violate state law. More than 20 other states also have not changed their policies allowing participation, saying the order does not override federal and state laws.The Trump administration argues that allowing transgender athletes to compete in girls sports is a form of discrimination because it deprives women and girls of fair athletic opportunities. But that argument relies on a narrow definition of sex discrimination as being based only on biological sex, and it’s one that has yet to be tested.AdvertisementAdditionally, executive orders cannot rewrite federal law or override existing funding commitments, experts say.Mills has said that the dispute isn’t about Maine’s policy on transgender athletes, but Trump overstepping his authority.“That’s probably the hard part for Democrats and Mills,” Franz said. “She’s taking a stand not only on Maine law but civil rights and presidential power. But I’m not sure the public sees that nuance, especially when you can frame this about men in women’s sports. People can say, ‘Look at what she’s defending.’”The Justice Department could end up suing Maine to remove federal funding, something that has never happened since Title IX was adopted in 1972.“What we’re slowly gravitating toward as a society is a clash between Trump and the Supreme Court, and that’s a bigger issue than Maine,” Sen said.Franz said another big question arises if Mills wins a court case against the administration.Advertisement“Will the Trump administration follow the court’s judgment when they lose? That to me is becoming the more-interesting question,” he said.Although there hasn’t been much precedent for a president defying a Supreme Court order, President Nixon considered it in 1974 when the court ordered him to turn over Watergate tapes. The difference there, Sen said, was that Nixon had lost the support of his party and likely would have been impeached had he not resigned.“That threat of impeachment just isn’t there with Trump,” she said.Mayer said Mills’ defiance could help raise her national profile, especially because Democrats are hungry for leaders who can stand up to Trump in a successful way. It’s too soon to know if she will be successful, he said.“The fear in Washington is unlike anything I’ve seen,” Mayer said. “There are a lot of people watching Maine and saying, ‘Let’s see how this plays out.’”Staff Writer Randy Billings contributed to this story.We invite you to add your comments. We encourage a thoughtful exchange of ideas and information on this website. By joining the conversation, you are agreeing to our commenting policy and terms of use. More information is found on our FAQs. 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