Filed Date: Feb. 4, 2025
Case Ongoing
Clearinghouse coding complete
In its first weeks, the Trump Administration took down many websites and datasets. This lawsuit challenged the Office of Personnel Management (OPM) order directing agencies to remove or modify webpages and datasets.
On January 20, 2025, President Trump issued Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directing federal agencies to combat "gender ideology." In response, on January 29, the Acting Director of OPM issued a memorandum titled “Initial Guidance Regarding President Trump’s Executive Order Defending Women,” requiring federal agencies to terminate any programs and remove any outward facing media that "promote or inculcate gender ideology.” After, federal agencies, including the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and the Department of Health and Human Services (HHS), removed medical and healthcare-related webpages and datasets.
On February 4, 2025, Doctors for America, a nonprofit organization composed of physicians and medical trainees, filed this lawsuit in the U.S. District Court for the District of Columbia. Represented by the Public Citizen Litigation Group, Plaintiff filed suit against OPM, CDC, FDA, and HHS. On Count I, Plaintiff alleged that Defendant OPM had no authority to require removal of webpages or datasets by other agencies and thus violated the Administrative Procedure Act, 5 U.S.C. § 551, by issuing such a requirement. On Count II, Plaintiff alleged that Defendants CDC, FDA, and HHS violated the Paperwork Reduction Act, 44 U.S.C. § 3501, by removing these webpages and datasets because doing so removed "significant information dissemination products" without public notice. On Count III, Plaintiff alleged that all Defendants violated the Administrative Procedure Act because the removal of these webpages and databases amounted to action that was "arbitrary, capricious, an abuse of discretion, or not in accordance with law." Plaintiffs sought declaratory and injunctive relief that Defendants restore the webpages and databases and ban them from removing any "significant information dissemination products" when doing so would deny the public timely and equitable access to such information.
The case was assigned to Judge John D. Bates.
On February 6, Plaintiff filed a motion for a temporary restraining order requiring Defendants to restore the medical webpages and datasets and enjoining Defendants from removing or substantially modifying other webpages and datasets in implementation of Defendant OPM's allegedly unlawful memorandum.
On February 11, the court granted Plaintiff's motion for a temporary restraining order. The court ordered Defendants to restore the medical webpages and datasets by the end of the day. The court further ordered Defendants to work with Plaintiff to identify other resources
As of February 11, 2025, the case is ongoing.
Summary Authors
Madilynn O'Hara (2/4/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69608613/parties/doctors-for-america-v-office-of-personnel-management/
Rosenbaum, Adina H. (District of Columbia)
Shelley, Zachary R. (District of Columbia)
Zieve, Allison Marcy (District of Columbia)
Harlow, James William (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69608613/doctors-for-america-v-office-of-personnel-management/
Last updated Feb. 15, 2025, 12:11 p.m.
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
Key Dates
Filing Date: Feb. 4, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
a nonprofit comprised of medical professionals and trainees
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 Personnel Management (- United States (national) -), Federal
Centers for Disease Control and Prevention (- United States (national) -), Federal
Department of Health and Human Services (- United States (national) -), Federal
Food and Drug Administration (- United States (national) -), Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief: