Case: American Public Health Association v. Office of Management and Budget

1:25-cv-00167 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the creation and operation of the Department of Government Efficiency (DOGE) under the Federal Advisory Committee Act (FACA). It was filed in the U.S. District Court for the District of Columbia on January 20, 2025 by a collection of nonprofit organizations. They sued the Office of Management and Budget (OMB), and the "Department of Government Efficiency" (DOGE). The case was originally assigned to Judge Amy Berman Jackson but on January 28, 2025, was reassigned to Judge Ji…

This case challenged the creation and operation of the Department of Government Efficiency (DOGE) under the Federal Advisory Committee Act (FACA). It was filed in the U.S. District Court for the District of Columbia on January 20, 2025 by a collection of nonprofit organizations. They sued the Office of Management and Budget (OMB), and the "Department of Government Efficiency" (DOGE). The case was originally assigned to Judge Amy Berman Jackson but on January 28, 2025, was reassigned to Judge Jia M. Cobb because she was presiding over a similar case, Public Citizen v. Trump.  

Represented by Democracy Forward and Citizens for Responsibility and Ethics, the plaintiffs argued that DOGE was established by President Trump not as a formal part of the government, but rather to provide advice and guidance from outside of government to the White House.  Therefore, FACA applies—but has not been followed. Among the alleged FACA violations: failure to ensure DOGE had a clearly defined purpose, failure to ensure a balanced membership in terms of viewpoints represented, a lack of provisions to assure that advice and recommendations of the committee will be the result of the committee’s independent judgment, and failure to file a charter for DOGE. Additionally, plaintiffs argued that DOGE’s operational secrecy–for example, their failure to make their records publicly available—violated FACA.

The complaint asked the court to set aside all decisions made in connection with the creation of DOGE, enjoin DOGE from conducting business until it operates in compliance with FACA, and compel defendants to release all materials prepared for DOGE or its subcommittees.  Additionally, plaintiffs sought to enjoin defendants from relying on any recommendations or advice made by DOGE unless/until it complied with FACA. 

On Feb. 18, 2025, this case was consolidated with Public Citizen v. Trump and  Lentini v. DOGE -- and all filings going forward are in the Public Citizen case.  So this record in the Clearinghouse is now closed and subsequent developments will be documented there.  

Summary Authors

Maddie Mitzner (1/28/2025)

Related Cases

Public Citizen, Inc. v. Trump, District of District of Columbia (2025)

Lentini v. Department of Government Efficiency, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69559460/parties/american-public-health-association-v-office-of-management-and-budget/


Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

George, Aman Tewari (District of Columbia)

Attorney for Defendant

Deffebach, Anna Lynn (District of Columbia)

Humphreys, Bradley P. (District of Columbia)

Expert/Monitor/Master/Other

Attorney, Katelyn Kang,

show all people

Documents in the Clearinghouse

Document

Establishing and Implementing the President’s “Department of Government Efficiency”

No Court

Jan. 20, 2025

Jan. 20, 2025

Executive Order
1

1:25-cv-00167

Complaint for Injunctive, Mandamus, and Declaratory Relief

Jan. 20, 2025

Jan. 20, 2025

Complaint
6

1:25-cv-00167

Notice of Errata

Jan. 21, 2025

Jan. 21, 2025

Other
16-1

1:25-cv-00167

Motion to Consolidate Cases

Feb. 4, 2025

Feb. 4, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69559460/american-public-health-association-v-office-of-management-and-budget/

Last updated April 21, 2025, 4:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11416503) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, MINORITY VETERANS OF AMERICA, AMERICAN FEDERATION OF TEACHERS, AMERICAN PUBLIC HEALTH ASSOCIATION, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Thurston, Robin) (Entered: 01/20/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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Jan. 20, 2025

Jan. 20, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Thurston, Robin) (Entered: 01/20/2025)

Jan. 20, 2025

Jan. 20, 2025

PACER
3

NOTICE of Appearance by Robin F. Thurston on behalf of AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit Full list of Plaintiffs)(Thurston, Robin) (Entered: 01/20/2025)

Jan. 20, 2025

Jan. 20, 2025

PACER
4

NOTICE of Appearance by Aman Tewari George on behalf of All Plaintiffs (Attachments: # 1 Exhibit Plaintiff List)(George, Aman) (Entered: 01/20/2025)

Jan. 20, 2025

Jan. 20, 2025

PACER
5

NOTICE of Appearance by Benjamin M. Seel on behalf of All Plaintiffs (Attachments: # 1 Exhibit Plaintiff List)(Seel, Benjamin) (Entered: 01/20/2025)

Jan. 20, 2025

Jan. 20, 2025

PACER

NOTICE OF NEW CASE ERROR The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party, including the Department of Government Efficiency and file using the event Errata. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)

Jan. 21, 2025

Jan. 21, 2025

PACER

Notice of Error- New Case

Jan. 21, 2025

Jan. 21, 2025

PACER
6

ERRATA correcting complaint caption per LCvR 5.1(c) by AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON re 1 Complaint,. (Attachments: # 1 Corrected Complaint)(Seel, Benjamin) (Entered: 01/21/2025)

1 Corrected Complaint

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Jan. 21, 2025

Jan. 21, 2025

Clearinghouse
7

NOTICE of Appearance by Nikhel Sus on behalf of All Plaintiffs (Sus, Nikhel) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER

Case Assigned to Judge Amy Berman Jackson. (zmtm)

Jan. 21, 2025

Jan. 21, 2025

PACER
8

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 01/21/2025)

1 Notice and Consent

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Jan. 21, 2025

Jan. 21, 2025

PACER
9

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 25-cv-00164; 25-cv-00166. (Seel, Benjamin) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

RECAP
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Donald K. Sherman, Filing fee $ 100, receipt number ADCDC-11432214. Fee Status: Fee Paid. by AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration Sherman, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 01/24/2025)

1 Declaration Sherman

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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Jan. 24, 2025

Jan. 24, 2025

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Plaintiffs (Attachments: # 1 Exhibit Affidavits of Service for U.S. Attorney, U.S. Attorney General, and Defendants)(Seel, Benjamin) (Entered: 01/27/2025)

1 Exhibit Affidavits of Service for U.S. Attorney, U.S. Attorney General, and Defe

View on PACER

Jan. 27, 2025

Jan. 27, 2025

PACER
12

Case directly reassigned to Judge Jia M. Cobb as there is an earlier related case. Judge Amy Berman Jackson is no longer assigned to the case. (rj) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice: Attorney Donald K. Sherman is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 28, 2025. (lcjmc2)

Jan. 28, 2025

Jan. 28, 2025

PACER
13

NOTICE of Appearance by Donald Sherman on behalf of All Plaintiffs (Sherman, Donald) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

RECAP
14

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

RECAP
15

NOTICE of Appearance by Anna Lynn Deffebach on behalf of All Defendants (Deffebach, Anna) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
16

NOTICE of Motion to Consolidate Cases by OFFICE OF MANAGEMENT AND BUDGET, ACTING DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET, DEPARTMENT OF GOVERNMENT EFFICIENCY (Attachments: # 1 Exhibit Motion to Consolidate Cases)(Humphreys, Bradley) (Entered: 02/04/2025)

1 Exhibit Motion to Consolidate Cases

View on Clearinghouse

Feb. 4, 2025

Feb. 4, 2025

RECAP
18

RESPONSE re 16 Notice (Other) of Motion to Consolidate filed by AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, CENTER FOR AUTO SAFETY, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Seel, Benjamin) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP

.Order

Feb. 18, 2025

Feb. 18, 2025

PACER

MINUTE ORDER: The parties are hereby notified that, earlier today, this case was consolidated with 25-cv-164 and 25-cv-166. See Feb. 18, 2025 Minute Order, Public Citizen, Inc. v. Trump, No. 25-cv-164. The parties shall make all future filings in the lead case, 25-cv-164, and shall not "spread text." The Court understands that these three cases are not identical, and has accounted for that by allowing each set of Plaintiffs to file its own briefs and pleadings unless the Court orders otherwise. Signed by Judge Jia M. Cobb on February 18, 2025. (lcjmc2)

Feb. 18, 2025

Feb. 18, 2025

PACER

Cases Consolidated. This case has been consolidated with case 25cv164 pursuant to Order,,. From this date forward, all pleadings shall be filed ONLY in the lead case, 25cv164. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp)

Feb. 18, 2025

Feb. 18, 2025

PACER

Create Case Association

Feb. 19, 2025

Feb. 19, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)

Trump Administration 2.0: Challenges to the Government (DOGE Status/Information Access)

Key Dates

Filing Date: Jan. 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-profit organizations, including the American Public Health Association, the American Federation of Teachers, Minority Veterans of America, VoteVets Action Fund, Center for Auto Safety, Inc. and Citizens for Responsibility and Ethics in Washington.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Management and Budget (District of Columbia), Federal

Department of Government Efficiency (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)