Update on Legal Challenges to President Trump's Presidential Actions

Since President Trump took office on January 20, 2025, he has issued an unprecedented number of presidential actions, including 62 executive orders and numerous declarations, proclamations, announcements, memoranda, grants of clemency, etc.

Highlighted below is a non-exhaustive list of the presidential actions that have already been challenged in court.

Executive Order 14151 (directed at federal government agencies) and Executive Order 14173 (directed at the private sector): Diversity, Equity, and Inclusion

Both orders aim to end DEI mandates, programs, policies, preferences, and activities.

• A lawsuit was filed in federal district court in Maryland alleging that the executive orders are unconstitutional, exceed presidential authority, and infringe upon First and Fifth Amendment rights.
• The judge has not yet ruled on the plaintiffs’ request for a preliminary injunction.

Federal Spending Freezes

The Office of Management and Budget (“OMB”) issued a memorandum freezing federal grants, loans, and other financial assistance.

• Two lawsuits have been filed, which resulted in the issuance of two temporary restraining orders.
• The Department of Justice (“DOJ”) appealed the second lawsuit to the United States Court of Appeals for the First Circuit, which ruled against the government.
• Although the freeze remains blocked and OMB has withdrawn its memorandum, states and organizations are reporting that the Trump administration is still freezing funding for grants and loans.

Executive Order 14160: End to Birthright Citizenship

This order aims to end birthright citizenship for children of unauthorized immigrants and those temporarily present in the U.S.

• At least nine lawsuits have been filed.
• Two federal judges have issued preliminary injunctions blocking the implementation and enforcement of the executive order nationwide.
• DOJ appealed the rulings.
• The appeal from one case is set to be heard by the United States Court of Appeals for the Ninth Circuit (date not yet set).

Executive Order of Federal Employee Resignations

This order (not assigned a number – merely referred to as “Fork in the Road”) offered financial incentives to encourage federal employees to resign, aiming to downsize the federal workforce.

• A federal judge temporarily blocked the plan just hours before the application deadline, citing legal concerns.
• On February 12, 2025, a judge lifted the temporary restraining order, allowing the program to proceed (ruling that unions lacked standing and, therefore, his court did not have jurisdiction over the matter).
• The Deferred Resignation Program is now in effect. Employees who accept the offer will receive their salary and benefits through September 30, 2025.

The Department of Government Efficiency’s (“DOGE”) Buyout Program and Access to Treasury Payment System

• The National Treasury Employees Union filed a lawsuit alleging that the voluntary buyout program violates federal employment laws and undermines merit-based civil service system.
• Public Citizen, State Democracy Defenders Fund, and American Federation of Government Employees filed a lawsuit alleging that DOGE’s operations lack transparency and public accountability.
• Nineteen Democratic attorneys general filed a lawsuit alleging that DOGE’s access to the Treasury’s payments system, which controls federal disbursements and houses sensitive personal and financial information, violates federal law.

AGG will continue monitoring developments related to President Trump’s presidential actions. For further guidance on how these actions may impact your business, please contact AGG partner and leader of the Government Contracts practice, Tenley Carp.