Challenging Executive Actions in Courts

Overview of Advocacy Actions – Including Lawsuits

NARFE is currently involved in challenging Executive Actions in the Court System that directly involves Active Employees and Retirees.

1.  Schedule P/C
   1. Executive order violates the Administrative Procedures Act
   2. Interpretation violates statute
2. Privacy Act Violations
   1. Unauthorized disclosure of personal information
   2. Without applicable exception or consent
   3. Poses danger of abuse of power

Pro Bono Legal Services

• Partnering with Protect Democracy for pro bono legal services, a nonprofit dedicated to promoting free and fair elections, the rule of law, and democratic institutions.
• Additional law firms partnering with Protect Democracy to provide supplementary pro bono legal services
  • Selendy Gay, PLCC
    • Schedule P/C lawsuit
  • Munger, Tolles & Olsen, LLP
    • Privacy Act lawsuit

Details

Schedule P/C Lawsuit

• Filed complaint in federal district court for the District of Columbia on February 6, 2025
• Co-plaintiff with the Government Accountability Project (GAP)
  • GAP defends the rights of whistleblowers
• Suite alleges violation of the Civil Service Reform Act (CSRA), and power of Congress to create a civil service system grounded in merit, with guards against corruption, political bias and improper influence.
• Suit also alleges violation of the Administrative Procedures Act (APA)
  • President does not have authority to unilaterally revoke regulations issued pursuant to notice and comment rulemaking.

Privacy Act Lawsuit

• Filed complaint in federal district court in Maryland (Southern Division) on February 10, 2025
• Co-plaintiff with the American Federation of Teachers (AFT) and the International Association of Machinists and Aerospace Workers (IAMAW)
• Suite alleges violation of the Privacy act by the Department of Education (ED), the Office of Personnel Management (OPM) and the Department of Treasury (DOT)
  • Due to improper disclosure of the sensitive records of millions of Americans to Department of Government Efficiency (DOGE) staff who lack appropriate security clearances and have not been properly vetted, and the granting of access to some of the government’s most sensitive and closely guarded data systems.
• Court Issued temporary restraining order against ED and OPM on February 24, 2025
  • Another court previously enjoined DOT