Halting Elon Musk and DOGE's Lawless Control of the Government (Japanese American Citizens League et al. v. Musk et al.)

At a Glance

Campaign Legal Center (CLC) is representing four organizations whose members have been harmed by multibillionaire Elon Musk and the U.S. DOGE Service (DOGE)’s illegal cuts to the federal budget, terminations of federal employees, and threats to executive agencies. CLC is urging the court to block Musk’s actions.

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About This Case/Action

CLC is representing the Japanese American Citizens League (JACL), the OCA – Asian Pacific American Advocates (OCA), the Sierra Club and the Union of Concerned Scientists (UCS) in a lawsuit arguing that Elon Musk and DOGE do not have the legal authority to review and cancel federal funds that impact the lives of everyday Americans, fire federal workers or dismantle federal agencies.  

Established by an executive order on January 20, 2025, DOGE is an office within the Executive Office of the President that has an incredibly narrow purported purpose: “modernizing Federal technology and software.”

DOGE has done immense harm to everyday Americans by dismantling executive departments and agencies, cutting federal funding allocated by Congress, firing federal workers and trying to dramatically reduce the size of the federal workforce.  

Elon Musk’s direction of DOGE’s activities and the significant authority he exercises is entirely lawless. He has no authority under the Constitution or federal law to cut spending or terminate employees. These actions violate the constitutional separation of powers: Congress, not Musk, has control over federal spending.

Elon Musk was not elected by the American people and is not a Senate-confirmed public official. Musk has absolutely no legal right to make decisions on how our government spends money. That must be done by Congress and the president by passing laws. Once implemented, the president has no authority to undo these actions.  

CLC’s clients filed this lawsuit so the courts can stop Elon Musk and DOGE’s unlawful actions. We will not stand by as President Trump opens the door for his wealthiest donor to wreak havoc on our system of checks and balances.

CLC represents four organizations whose members have been directly harmed by the consequences of DOGE’s illegal actions.  

DOGE’s actions have threatened the livelihood, well-being and safety of everyday Americans. Cancelling federal contracts that Congress has earmarked for important services and threatening to dismantle executive agencies are only some of the consequences of this overreach by an unaccountable bureaucrat wielding power far outside his purported role of “tech support.”

What’s at Stake:  

Elon Musk’s lawless actions have brought incalculable harm to the American people.  

It’s the responsibility of the legislative branch, through the normal law-making process, to direct how federal funds are spent to serve the American people. President Trump should not give his biggest donor free reign to slash federal funding, fire federal workers, dismantle federal agencies, and ignore the separation of powers to change decisions made by Congress.

Campaign Legal Center Sues Elon Musk and DOGE for Exercising Unchecked Power and Harming Everyday Americans

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Washington, DC —  Today, Campaign Legal Center (CLC) — on behalf of the Japanese American Citizens League (JACL), OCA – Asian Pacific American Advocates, the Sierra Club and the Union of Concerned Scientists (UCS) — sued Elon Musk and his so-called U.S. DOGE Service (DOGE) for acting beyond their power to slash federal funding, dismantle federal agencies and fire federal employees.

Decisions regarding how the federal government spends its money lie with Congress. Elon Musk’s unchecked power throughout the federal government is a lawless threat to our democracy.

Neither Elon Musk nor DOGE have the lawful authority to exercise the sweeping power that they currently wield in the federal government. However, since President Trump created DOGE and placed Elon Musk at its helm, Musk has exercised significant unconstitutional authority and taken control over our agencies and our funding systems. This illegal and reckless control over the federal government has upended the lives of countless individuals, both within the United States and abroad.

“Our system of checks and balances does not permit the president or an unelected megadonor to unilaterally control the federal budget. Americans must be protected from destructive, illegal and unconstitutional DOGE actions,” said Trevor Potter, president of Campaign Legal Center. “Elon Musk, the president’s biggest political donor, is recklessly interfering with the work of the federal government, threatening our safety and our well-being. For the sake of our clients and preserving democracy, we call for an immediate end to this unconstitutional power grab.”

“JACL joins this lawsuit to stop DOGE from making reckless cuts that will directly impact national historic sites under the National Park Service that are among those where over 125,000 Japanese and Japanese Americans were unjustly incarcerated during WWII. These sites honor those who were incarcerated and serve as a legacy to our children so that future generations of Americans will understand the unfortunate and preventable capacity for our government to act maliciously against a group of people such as ours,” stated JACL Executive Director, David Inoue. “We invest in our future through our children, and elimination and endangerment of education programs will directly impact many of our own members. Japanese Americans are especially fond of a saying in Japanese, ‘Kodomo no tame ni’ which means ‘For the sake of the children.’ This is why we join this action today."

“The reckless budget cuts at the Department of Education are a direct assault on Pell Grant recipients, student organizations, and AANAPISI institutions that are vital to advancing educational equity,” said Thu Nguyen, Executive Director of OCA - Asian Pacific American Advocates. “Education is the gateway to opportunity — the heart of the American Dream — and these cuts threaten to block that path for countless students. Instead of opening doors for students, DOGE’s action at the ED are slamming them shut, and putting the future of countless young people at risk.”

“American families are already feeling the effects of Donald Trump and Elon Musk’s careless and illegal cuts to our federal workforce. Firefighters and forest management staff have been dismissed as families remain on edge from the threats wildfires pose. Families wanting to enjoy our national parks, forests and monuments are being welcomed with closed signs, long lines, and unmaintained trails — before the parks’ busiest season has yet to begin. Without the workers to staff and support our public lands, communities will face more dangerous and deadly fires, park visitors will face unsafe conditions, and local economies that rely on national parks will struggle. Only Trump and Musk would try to threaten America’s best idea. We are taking DOGE to court to defend Americans’ ability to safely and freely access the landscapes that unite us," said Ben Jealous, Executive Director of the Sierra Club.

“When the rule of law is compromised and science is sidelined by an unelected billionaire donor, people get hurt. DOGE’s actions have interfered with life-saving research and scientific collaboration on cancer, vaccines, extreme weather and more,” said Gretchen Goldman, president of the Union of Concerned Scientists. “They have pulled funding for job-boosting clean technology initiatives and fired civil servants who enforce laws that protect us from air, water and climate pollution. They have compromised websites and other communications channels, obstructing access to data that the U.S. public has paid for and depends on.”

Americans did not elect Elon Musk, and an unelected megadonor should not be able to pick and choose which critical agencies can continue to serve the public or which policy priorities Congress should fund. The courts must move to hold Musk and DOGE accountable. Elon Musk’s activities as DOGE’s head are illegal and a threat to the constitutionally mandated separation of powers.

Keep up with Campaign Legal Center’s latest legal actions on DOGE here.

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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Campaign Legal Center Letter Responds to President Trump’s Unlawful Attempt to Exert Control Over the FEC

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Washington, D.C. — Campaign Legal Center (CLC) today urged commissioners of the Federal Election Commission (FEC) to “quickly, unanimously and unambiguously reject” President Donald Trump’s unconstitutional attempt to seize the commission’s powers via the executive order (EO) entitled “Ensuring Accountability for All Agencies” — which, if adhered to, would have disastrous effects on our election system.  

Issued February 18, this EO claims to require all independent agencies to run all new policies, rulings and regulations by the president.    

“President Trump’s executive order is a major abuse of presidential authority that violates the rule of law,” said Trevor Potter, president and founder of Campaign Legal Center and former Republican chairman of the FEC. “Unlike most other federal agencies, the FEC is responsible for enforcing the law against the president as both a candidate and as a holder of federal office. Our election laws help ensure candidates and officeholders are accountable to voters. They also make elections more transparent by helping everyday Americans understand who is trying to influence their vote and elected officials. It is crucial that the agency retain its independence from the White House, so it is able to hold the president — any president — and their political party accountable.”

President Trump’s attempt to diminish the independence of independent agencies — essentially turning them into extensions of his White House — is well outside the scope of his power. As the FEC is a rare agency with powers to regulate the president, Congress purposefully did not give the president authority over the agency’s ability to fulfill its statutory duties of interpreting, administering and enforcing federal campaign finance law.

When the FEC is unable to enforce the laws that bring transparency to election financing and stop coordination between special interests and candidates, wealthy donors can dominate election spending and exert more influence. In turn, political candidates become even more dependent on wealthy donors.

A well-functioning, independent FEC is essential for keeping our democracy in the hands of everyday Americans and preventing wealthy special interests from rigging the system in their favor.

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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

Protecting the Promise of American Citizenship

At a Glance

Our democracy is strongest when it includes all Americans. Citizenship is the key to unlocking democratic participation.

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About This Case/Action

The Constitution is clear: The right to vote is a fundamental right of citizenship.  

After the Civil War, the 14th Amendment established that there is no underclass of Americans based on who your parents are. Trying to change who can vote by attacking citizenship threatens to silence millions of Americans.

When every voice is heard, our democracy is more representative of the people.  

Here are some of the issues we’re tackling to ensure every American has the freedom to vote, no matter where they were born, or who their parents are.

The census: Counting every person who lives in the country in our census is important to make sure all Americans are fairly represented.  

Unfair documentation requirements: When registering to vote, people must swear that they are U.S. citizens, whether they were born here or moved here.  

We already have strict laws to ensure that only American citizens vote in federal elections. Lying about your citizenship leads to serious consequences like deportation and jail time. There is no reason voters should have to jump through extra hoops and provide additional documentation to cast their ballot — these barriers do not make our elections any more secure, they just keep eligible Americans from voting.    

Birthright citizenship: Birthright citizenship is the cornerstone of our democracy and cannot be undone by any president.  

Birthright citizenship ensures that all Americans, regardless of who their parents are, have equal rights under the law and the opportunity to make their voices heard.    

How Democracy Vouchers Make Elections More Inclusive: A Conversation With Jen Heerwig and Brian McCabe

Running for office today comes with a hefty price tag.

It requires a network of wealthy donors who can foot the campaign bill. With every election cycle, the influence of these megadonors becomes stronger than the voices of everyday Americans in local, state and federal elections.

The 1972 Watergate scandal showed just how much corruption can take place in campaigns. After Watergate, Americans called for new laws to shed light on how presidential elections are paid for. This movement gave birth to what we now know as a “public financing” model.

Victory! Anti-Voter Laws in AZ Struck Down Following Court of Appeals Decision

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San Francisco, CA — Today, the 9th U.S. Circuit Court of Appeals affirmed a previous victory for voters in Arizona by ruling that two laws that suppress the rights of voters should remain blocked.  

“Our democracy works best when every American can participate in it without barriers. We’re glad that the 9th Circuit sees these laws for what they are: anti-voter. These laws would have imposed severe, arbitrary and discriminatory burdens on Latino, Native and student voters in Arizona — undermining their freedom to vote and violating the Constitution and federal law," said Danielle Lang, senior director of voting rights at Campaign Legal Center. “CLC is proud to have worked alongside our clients — Living United for Change in Arizona (LUCHA), the League of United Latin American Citizens (LULAC), Arizona Students’ Association (ASA), the Inter Tribal Council of Arizona (ITCA), the San Carlos Apache Tribe, Arizona Coalition for Change, and Arizona Democracy Resource Center (ADRC) — to ensure Arizonans can cast their ballots without unfair burdens.”

“The increased participation of Arizona citizens in our elections should have been cause for celebration; instead, the Arizona legislature responded by erecting unlawful and unconstitutional barriers that most severely affected voters of color—laws that harmed voters and undermined Arizona’s democratic system, which only succeeds if voters have the right and ability to cast their ballots. The Ninth Circuit’s important ruling protects voters, our Constitution, and our voting laws. It is a victory not just for our clients, but for all people who want to protect voters and the health of our democracy,” Courtney Hostetler, legal director, Free Speech For People.

Background:  

Free and fair elections rely on every eligible voter having the ability to access the ballot box.

CLC filed the lawsuit (consolidated as Mi Familia Vota v. Fontes) with Barton Mendez Soto PLLC, Mayer Brown LLP, Free Speech for People, and the San Carlos Apache Tribe Department of Justice on behalf of Latino, Native and student voters who would be negatively impacted by the law, which forces voters to produce documentary proof of citizenship and residency to register to vote.   

State election officials already have existing systems in place to verify voter eligibility, and they work tirelessly to ensure voter rolls are accurate. As a result of these efforts, voters can trust that our elections are safe, secure and accurate. 

Read the decision here.

Oral Arguments Begin in Case That Could Close Campaign Finance Loopholes Exploited by Wealthy Special Interests

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Washington, DC — On Tuesday, February 25, the full D.C. Circuit Court will hear oral arguments in End Citizens United’s (ECU) lawsuit against the Federal Election Commission (FEC). The lawsuit challenges the FEC’s wrongful dismissal of ECU’s complaint against Senator Rick Scott and New Republican PAC for breaking campaign finance law. Campaign Legal Center Action is representing ECU in this case.

“This case has the potential to set a crucial precedent for campaign finance enforcement,” said End Citizens United President Tiffany Muller. “For too long, the FEC has used prosecutorial discretion as a shield to avoid enforcing the law, allowing politicians to break anti-corruption laws with impunity. If the court rules in our favor, it will ensure that dismissals of complaints are subject to judicial review. Only with this judicial check can the Commission be held accountable to enforce the law and protect the integrity of our elections.”

“The FEC can no longer hide its refusal to enforce the law,” said Kevin Hancock, Director for Strategic Litigation at Campaign Legal Center. “When campaign finance laws are violated, wealthy special interests are able to drown out the voices of everyday Americans and rig the system in their favor. The court must now step in where the FEC abandoned its duty — it must uphold the law and defend voters’ right to know who is spending to influence their vote.”

The case stems from a 2018 complaint in which Rick Scott, while running for U.S. Senate, coordinated with New Republican PAC, a super PAC that spent over $29 million to support his election. At the core of the original complaint is Scott’s role as chairman of the super PAC from May 2017 through at least the end of that year. During that time, the super PAC’s purported mission was to support President Trump. But the very same day Scott launched his bid for Senate in April 2018, New Republican PAC declared in a press release that it was now “focused on the election of Rick Scott” and subsequently spent significantly to support his election.

Despite the FEC’s general counsel concluding there was reason to believe Scott broke the law and recommending further investigation, the FEC dismissed the complaint, split 3-3 in a deadlock along party lines.

If you have further inquiries, please reach out to [email protected].

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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.