By Laura Walling, Vice President of Government Affairs, Goodwill Industries International, Inc.
The executive branch continues to issue numerous orders and memos with the goals of reducing the size of government, identifying waste, fraud and abuse, and eliminating initiatives related to diversity, equity, inclusion and environmental justice.
Some members of the legislative branch are pushing back on these measures via introducing legislation, submitting formal inquiries, and using procedural levers to slow confirmations; while other members of Congress are proposing legislation that align with the President’s agenda. With such close margins in the House and Senate, few bills are likely to pass both chambers.
This leaves the judicial branch as the third body to determine the legality and constitutionality of these measures. When working together, these branches prevent any one division from beginning too powerful.
More than three dozen legal challenges have been filed in response to many of the executive actions that have been issued. Below are a few which we are monitoring:
Federal Funding Freeze
- While the White House rescinded a memo that places a freeze on virtually all federal assistance including grants, two lawsuits were filed. One challenge is from a group of nonprofits, small businesses and other stakeholders while the second was filed by Attorneys General in 22 states and the District of Columbia. Both judges have issued temporary restraining orders on the freeze while litigation continues.
- A complaint was also filed to prevent the dismantling of USAID and specifically relates to the executive order placing a pause in foreign assistance.
Diversity, Equity, Inclusion and Accessibility
- A complaint was filed in opposition to the ban on DEIA initiatives in the executive branch and by contractors.
Immigration
- The birthright citizenship order has been met with at least seven separate lawsuits, which all claim it violates the amendment or federal immigration law. A U.S. District Judge has temporarily blocked it as hearings continue.
- Other suits have been filed pertaining to: punishment of sanctuary cities and states; expedited removal; asylum provisions; access of lawyers to immigrants in detention; and immigration enforcement in places of worship.
Gender
- A complaint was lodged against the removal of information from Health and Human Services websites under Executive Order on “Gender Ideology Extremism”.
- Transgender Americans affected by Trump’s executive orders barring them from serving openly in the military and being housed in prisons aligned with their gender identities have also taken legal action against the administration.
- A handful of states and several physicians filed suit over an executive order that threatens to strip federal funds from health-care entities that provide gender-affirming care for youths under 19. A separate suit was filed by several families and two advocacy groups.
Civil Service Protections
- At least three lawsuits have been filed over Trump’s order creating a new class of federal employee, Schedule F, which would allow those workers to be hired and fired with ease like political appointees.
- The “deferred resignation” program offered to buy out thousands of federal employees is also under scrutiny by the courts.
- The removal if independent agency leaders is also being challenged.
Department of Government Efficiency (DOGE)
- Three lawsuits are seeking to stop DOGE’s operations over allegations it is required to comply with the Federal Advisory Committee Act (FACA), which mandates various transparency requirements.
- Other lawsuits filed pertaining to DOGE are in regard to: solicitation of information from career employees; and the disclosure of personal and financial records to DOGE.
It is likely that many of these cases may end up before the U.S. Supreme Court. We will continue to keep you informed of new developments.
