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Litigation over Executive Orders (Non-Immigration Edition)

Description

The panel will discuss the unprecedented number of President Trump’s executive orders currently facing legal challenges (either on the emergency docket or otherwise). At stake in these cases are the constitutional status of independent agencies, challenges to the administration’s authority to impose tariffs, lawsuits opposing funding restrictions on universities, and more. (As noted, immigration challenges will be discussed in a separate break-out panel).

Materials for Panel

Active Litigation Trackers

DOGE Litigation

U.S. Doge Service v. Center for Responsibility and Ethics in Washington:

The watchdog group filed a FOIA request for communications and other information between the DOGE administrator, Amy Gleason, and DOGE staff, as well as financial disclosures submitted by DOGE personnel. SCOTUS send the dispute back to the D.C. Circuit. While the lower court conducts another review, and if the government appeals, the discovery orders from CREW are on hold.

Issue: Whether the Supreme Court should stay the district court's orders permitting discovery of certain DOGE materials pursuant to FOIA. 

Social Security Administration v. American Federation of State, County, and Municipal Employees:

Issue: Whether the Supreme Court should stay the district court's injunction blocking Department of Government Efficiency team members and affiliates from accessing Social Security Administration record systems.

Trump v. American Federation of Government Employees:

SCOTUS agreed with a lower court’s stay of execution of a judgment preventing DOGE from restructuring the federal government by firing federal employees en masse.  

Issue: Whether the Supreme Court should stay the district court's nationwide injunction barring the executive branch from formulating and implementing plans to initiate large-scale reductions of the federal workforce.

McMahon v. New York:

SCOTUS temporarily allowed the firing of Department of Education employees by granting an application to stay.

Issue: Whether the Supreme Court should stay a district court order requiring the government to reinstate Department of Education employees fired as part of a reduction in force.

Independent Agency Firings

Trump v. Wilcox

SCOTUS temporarily allowed President Trump to fire two agency heads of the National Labor Relations Board and Merit Systems Protection Board on May 22, 2025.

Issue: Whether the Supreme Court should stay the district court's orders reinstating Gwynne Wilcox and Cathy Harris to the National Labor Relations Board and Merit Systems Protection Board.

Trump v. Boyle

SCOTUS temporarily allowed the Trump administration to remove three members of the Consumer Product Safety Commission.

Issue: Whether the Supreme Court should stay the district court's judgment reinstating three members of the Consumer Product Safety Commission who had been removed by President Donald Trump.

Tariff Challenges

Learning Resources, Inc. v. Trump

Small businesses Learning Resources and hand2mind went to federal court in Washington, D.C., challenging Trump’s authority under IEEPA to impose the tariffs. The Court declined to fast-track the companies’ petition. 

Issue: Whether the International Emergency Economic Powers Act authorizes the president to impose tariffs.