Case: Government Accountability Project v. United States Office of Personnel Management

1:25-cv-00347 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 6, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's policy stripping career civil servants of employment protections. On February 6, 2025, the Government Accountability Project (GAP) and the National Active and Retired Federal Employees Association (NARFE) filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Office of Personnel Management (OPM) and President Donald Trump. Plaintiffs, represented by The Protect Democracy Project and Selendy Gay PLLC, sought to prevent the enforcement of Executive Order No. 14171 (the “2025 Executive Order”), which reinstated and amended Executive Order No. 13957. Plaintiffs claimed that these executive orders exceeded President Trump’s authority, unlawfully stripped career civil servants of employment protections, violated the Civil Service Reform Act (CSRA) of 1978, were noncompliant with notice and comment procedure under the APA, and infringed on their Fifth Amendment due process rights. They sought declaratory and injunctive relief.

For over a century, federal law has safeguarded the civil service from political interference, ensuring that government employees serve based on merit rather than political loyalty. In 2020, then-President Trump issued Executive Order No. 13957, which sought to reclassify a broad category of civil service employees into a new at-will employment category called Schedule F, effectively removing their statutory job protections. President Biden revoked this order in 2021. On January 20, 2025, however, President Trump issued Executive Order No. 14171, reinstating and modifying the 2020 order. The new order created Schedule P/C, a designation that would strip civil servants of protections and allow for mass dismissals based on political considerations. On January 27, 2025, Acting OPM Director Charles Ezell issued the “2025 OPM Guidance,” instructing federal agencies to implement the executive orders and begin identifying positions to transfer into Schedule P/C.

Plaintiffs argued the executive orders and OPM’s guidance violated the CSRA, the Fifth Amendment’s Due Process Clause, the Administrative Procedure Act (APA). They also claimed the administration unlawfully circumvented established rulemaking procedures by attempting to revoke existing regulations without notice and comment. In addition to seeking injunctive relief, the Plaintiffs sought a judgment declaring the 2025 OPM Guidance’s direction, Section 4 of the Amended 2020 Executive Order, and Section 4 of the 2025 Executive Order unlawful and in violation of the Fifth Amendment. They requested the Court vacate all provisions of the Executive Orders and enjoin the Defendants from implementing or enforcing the Orders. The case was assigned to Judge Paul L. Friedman.

On April 29, 2025, Judge Friedman ordered a briefing schedule. Plaintiffs must submit an amended complaint within 21 days after a final rule is issued by the Trump Administration. Defendants will then have 30 days to respond.

This case remains ongoing.

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Summary Authors

Jillian Snyman (2/11/2025)

Matt Petrillo (7/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69617919/parties/government-accountability-project-v-united-states-office-of-personnel/

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Chase, Sarah Wightman (District of Columbia)

Dunlap, Andrew Riggs (District of Columbia)

Attorney for Defendant

Altabet, Jason (District of Columbia)

Bell, Kevin (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Chase, Sarah Wightman (District of Columbia)

Dunlap, Andrew Riggs (District of Columbia)

Lev, Ori (District of Columbia)

Newland, Erica (District of Columbia)

Reed, Drake (District of Columbia)

Stoughton, Corey (District of Columbia)

Torti, Julia (District of Columbia)

Attorney for Defendant

Altabet, Jason (District of Columbia)

Bell, Kevin (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00347	Complaint	Feb. 6, 2025	Feb. 6, 2025 Complaint
32 1:25-cv-00347	Memorandum Opinion and Order	April 29, 2025	April 29, 2025 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
OPM Memo - Guidance on Implementing President Trump’s Executive Order titled, “Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce” Charles Ezell	Providing guidance to the Heads and Acting Heads of all federal departments and agencies as to what types of federal positions should be reclassified under Executive Orders 14171 and 13957 as policy-…	Jan. 27, 2025	Jan. 27, 2025 https://www.opm.gov/...
EO 14171 - Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce President Donald Trump	Reinstating Schedule F, giving the President more control over the hiring and firing practices in executive agency roles traditionally reserved for non-partisan career civil servants.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...
EO 13957 - Creating Schedule F in the Excepted Service President Donald Trump	Reclassifying certain civil service positions, defined as "positions of a confidential, policy-determining, policy-making, or policy-advocating character that are not normally subject to change as a …	Oct. 21, 2020	Oct. 21, 2020 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69617919/government-accountability-project-v-united-states-office-of-personnel/

Last updated Aug. 24, 2025, 1:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11461951) filed by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Office of Personnel Management, # 3 Summons Acting Director Charles Ezell, # 4 Summons U.S. Attorney General Bondi, # 5 Summons President Donald J. Trump, # 6 Summons Civil Process Clerk - U.S. Attorney's Office)(Newland, Erica) (Entered: 02/06/2025) 1 Civil Cover Sheet View on PACER 2 Summons to U.S. Office of Personnel Management View on PACER 3 Summons Acting Director Charles Ezell View on PACER 4 Summons U.S. Attorney General Bondi View on PACER 5 Summons President Donald J. Trump View on PACER 6 Summons Civil Process Clerk - U.S. Attorney's Office View on PACER	Feb. 6, 2025	Feb. 6, 2025 Clearinghouse
2	NOTICE OF RELATED CASE by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. Case related to Case No. 1:25-cv-00170. (Newland, Erica) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025 PACER
3	NOTICE OF RELATED CASE by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. Case related to Case No. 1:25-cv-00264. (Newland, Erica) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025 PACER
4	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOVERNMENT ACCOUNTABILITY PROJECT (Newland, Erica) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025 PACER
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Newland, Erica) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025 PACER
6	SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/07/2025) 1 Notice and Consent View on PACER	Feb. 7, 2025	Feb. 7, 2025 PACER
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Julia L. Torti, Filing fee $ 100, receipt number ADCDC-11466578. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Declaration of Julia L. Torti, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Newland, Erica) (Entered: 02/07/2025)	Feb. 7, 2025	Feb. 7, 2025 PACER
	Case Assigned/Reassigned	Feb. 7, 2025	Feb. 7, 2025 PACER
	Case Assigned to Judge Paul L. Friedman. (zmtm)	Feb. 7, 2025	Feb. 7, 2025 PACER
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah Wightman Chase, Filing fee $ 100, receipt number ADCDC-11470232. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Newland, Erica) (Entered: 02/10/2025)	Feb. 10, 2025	Feb. 10, 2025 PACER
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Drake Reed, Filing fee $ 100, receipt number ADCDC-11470194. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Newland, Erica) (Entered: 02/10/2025)	Feb. 10, 2025	Feb. 10, 2025 PACER
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew Dunlap, Filing fee $ 100, receipt number ADCDC-11470212. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Newland, Erica) (Entered: 02/10/2025)	Feb. 10, 2025	Feb. 10, 2025 PACER
11	ERRATA by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION re 7 Motion for Leave to Appear Pro Hac Vice,. (Newland, Erica) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
12	ERRATA by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION re 8 Motion for Leave to Appear Pro Hac Vice,. (Newland, Erica) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
13	ERRATA by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION re 9 Motion for Leave to Appear Pro Hac Vice,. (Newland, Erica) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
14	ERRATA by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION re 10 Motion for Leave to Appear Pro Hac Vice,. (Newland, Erica) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Feb. 13, 2025	Feb. 13, 2025 PACER
	MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. 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 Paul L. Friedman on February 13, 2025. (lcao)	Feb. 13, 2025	Feb. 13, 2025 PACER
	MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. 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 Paul L. Friedman on February 13, 2025. (lcao)	Feb. 13, 2025	Feb. 13, 2025 PACER
	MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. 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 Paul L. Friedman on February 13, 2025. (lcao)	Feb. 13, 2025	Feb. 13, 2025 PACER
	MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. 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 Paul L. Friedman on February 13, 2025. (lcao)	Feb. 13, 2025	Feb. 13, 2025 PACER
15	NOTICE of Appearance by Julia Torti on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Torti, Julia) (Entered: 02/18/2025)	Feb. 18, 2025	Feb. 18, 2025 PACER
16	NOTICE of Appearance by Drake Reed on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Reed, Drake) (Entered: 02/24/2025)	Feb. 24, 2025	Feb. 24, 2025 PACER
17	NOTICE of Appearance by Andrew Riggs Dunlap on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Dunlap, Andrew) (Entered: 02/24/2025)	Feb. 24, 2025	Feb. 24, 2025 PACER
18	NOTICE of Appearance by Sarah Wightman Chase on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Chase, Sarah) (Entered: 02/24/2025)	Feb. 24, 2025	Feb. 24, 2025 PACER
19	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Corey Stoughton, Filing fee $ 100, receipt number ADCDC-11500656. Fee Status: Fee Paid. by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Newland, Erica) (Entered: 02/24/2025)	Feb. 24, 2025	Feb. 24, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Feb. 25, 2025	Feb. 25, 2025 PACER
	MINUTE ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. 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 Paul L. Friedman on February 25, 2025. (lcao)	Feb. 25, 2025	Feb. 25, 2025 PACER
20	NOTICE of Appearance by Ori Lev on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Lev, Ori) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 PACER
21	NOTICE of Appearance by Corey Stoughton on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION (Stoughton, Corey) (Entered: 03/20/2025)	March 20, 2025	March 20, 2025 PACER
22	NOTICE of Appearance by Jason Altabet on behalf of All Defendants (Altabet, Jason) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
23	Consent MOTION for Extension of Time to Respond to the Complaint, Consent MOTION for Briefing Schedule for Defendants' Forthcoming Motion to Dismiss by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, CHARLES EZELL, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Altabet, Jason) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 RECAP
24	NOTICE of Appearance by Kevin Bell on behalf of All Defendants (Bell, Kevin) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
25	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES EZELL served on 2/24/2025 (Torti, Julia) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
26	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT served on 2/24/2025 (Torti, Julia) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/25/2025. (Torti, Julia) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
28	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 3/4/2025 (Torti, Julia) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
29	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/10/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/11/2025. (Torti, Julia) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
	Order on Motion for Extension of Time to	March 28, 2025	March 28, 2025 PACER
	MINUTE ORDER granting 23 Consent Motion for Extension of Time and Briefing Schedule. Defendants shall respond to plaintiffs' 1 Complaint on or before May 2, 2025. Defendants shall file a motion to dismiss on or before May 2, 2025. Plaintiffs shall file their opposition to defendants' motion to dismiss 30 days from the motion's filing. Defendants shall file a reply to plaintiffs' opposition 14 days from the opposition's filing. Signed by Judge Paul L. Friedman on March 28, 2025. (lcao)	March 28, 2025	March 28, 2025 PACER
30	ENTERED IN ERROR.....Consent MOTION to Modify Briefing Schedule by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Lev, Ori) Modified on 4/24/2025, pursuant to Counsel (mg). (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
31	MOTION to Modify Briefing Schedule by GOVERNMENT ACCOUNTABILITY PROJECT, NATIONAL ACTIVE AND RETIRED FEDERAL EMPLOYEES ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Lev, Ori) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
32	MEMORANDUM OPINION AND ORDER granting plaintiffs' 31 Motion for a Modified Briefing Schedule. The briefing deadlines set forth in the Court's Minute Order dated March 28, 2025 are VACATED and new deadlines are set. See Memorandum Opinion and Order for details. Signed by Judge Paul L. Friedman on April 29, 2025. (lcao) (Entered: 04/29/2025)	April 29, 2025	April 29, 2025 RECAP

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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)

Key Dates

Filing Date: Feb. 6, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Government Accountability Project (“GAP”) is an independent, nonpartisan, and non-profit organization that promotes corporate and government accountability by protecting whistleblowers, advancing occupational free speech, and empowering citizen activists. Plaintiff National Active and Retired Federal Employees Association (“NARFE”) is a non-profit organization whose mission is to promote the general welfare of current federal civilian employees and federal retirees and their survivors, to advise and assist them with respect to their federal benefits, to represent their interests before appropriate authorities, and to support legislation and regulations beneficial to such employees and retirees and oppose those detrimental to their interests.

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

United States Office of Personnel Management, Federal

Donald J. Trump, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details