On March 5, 2025, four organizations:
- the Japanese American Citizens League
- OCA --Asian Pacific American Advocates
- the Sierra Club
- the Union of Concerned Scientists
- represented by the Campaign Legal Center
filed a lawsuit against
- ELON MUSK, in his official capacity, U.S. DOGE Service and Senior Advisor,
- U.S. DOGE SERVICE, c/o Executive Office of the President,
- AMY GLEASON, in her official capacity, Acting Administrator of U.S. DOGE Service, c/o Executive Office of the President,
- OFFICE OF PERSONNEL MANAGEMENT, and CHARLES EZELL, in his official capacity, Acting Director of the Office of Personnel Management,
- U.S. DEPARTMENT OF EDUCATION, and LINDA MCMAHON, in her official capacity, Secretary of Education,
- NATIONAL PARK SERVICE, and JESSICA BOWRON, in her official capacity, Acting Director of the National Park Service,
- U.S. FOREST SERVICE, and TOM SCHULTZ, in his official capacity, Chief of the U.S. Forest Service,
- BUREAU OF LAND MANAGEMENT, and JON RABY, in his official capacity, Acting Director of the Bureau of Land Management,
- NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, and VICE ADMIRAL NANCY A. HANN, in her official capacity, Acting Administrator of the National Oceanic and Atmospheric Administration,
- U.S. DEPARTMENT OF COMMERCE, and HOWARD LUTNICK, in his official capacity, Secretary of Commerce,
- U.S. DEPARTMENT OF INTERIOR, and DOUG BURGUM, in his official capacity, Secretary of the Interior,
- U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, and ROBERT F. KENNEDY, JR., in his official capacity, Secretary of Health and Human Services,
- NATIONAL INSTITUTES OF HEALTH, and MATTHEW J. MEMOLI, in his official capacity, NIH Director,
- SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, and CHRISTOPHER D. CARROLL, in his official capacity, Principal Deputy Assistant Secretary of SAMHSA,
- ENVIRONMENTAL PROTECTION AGENCY, and LEE M. ZELDIN, in his official capacity, Administrator of the Environmental Protection Agency,
- NATIONAL SCIENCE FOUNDATION, and SETHURAMAN PANCHANATHAN, in his official capacity, Director of the National Science Foundation,
- UNITED STATES DEPARTMENT OF AGRICULTURE, and BROOKE ROLLINS, in her official capacity, Secretary of Agriculture,
- FEDERAL EMERGENCY MANAGEMENT AGENCY, and CAMERON HAMILTON, in his official capacity, Acting FEMA Administrator,
- UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and SCOTT TURNER, in his official capacity, Secretary of Housing and Urban Development,
It's case 1:25-cv-00643 .
The suit details how Musk and the other defendants are violating Ultra Vires (acting without legal authority), violating the separation of powers, violating the Appointments Clause, and violating the Administrative Procedure Act.
Via "People Get Ready," part of Rebecca Solnit's Meditations in an Emergency:
The most glorious lawsuit was filed this week--and even the parties filing it were thrilling to behold, because I never really thought I'd seen the Sierra Club and the Japanese American Citizens League (along with the Union of Concerned Scientists and OCA --Asian Pacific American Advocates) as suing together. It's a lawsuit against Musk, DOGE, and some Trump officials, which begins with pretty maximum boldness: "Defendant Elon Musk is not, legally, the President of the United States, nor is he a federal elected official of any kind. And Mr. Musk is not a Senate-confirmed officer of the United States. But he and his so-called 'Department of Government Efficiency' (DOGE)—not, in fact, a federal executive department—are lawlessly and unconstitutionally wielding sweeping power across the executive branch. As Mr. Musk and DOGE lawlessly seize power over large swaths of federal spending, decimate the federal workforce, and dismantle federal agencies, they are severely harming, and threatening further imminent harm, to everyday Americans."
This is resistance.
One way you can participate and support this kind of resistance is by donating to the organizations who brought the suit.
This is such important work.