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Federal Election Commission | United States of America
  • FEC Record: Litigation

Democratic National Committee, et al. v. Donald J. Trump, et al. challenges Executive Order’s application to the FEC

March 12, 2025

On February 28, 2025, the Democratic National Committee, DSCC, and DCCC (collectively, plaintiffs) filed suit in the United States District Court for the District of Columbia (the court) challenging section 7 of Executive Order 14215 as unlawful as applied to the Commission.

Background

On February 18, 2025, President Trump issued Executive Order 14215 (the Executive Order). The Executive Order states that “it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch” including independent agencies like the Federal Election Commission. Section 7 of the Executive Order states that “the President and the Attorney General’s opinions on questions of law are controlling on all employees in the conduct of their official duties” and prohibits any executive branch employee from “advanc[ing] an interpretation of law as the position of the United States that contravenes the President or the Attorney General’s opinion on a matter of law.”

Plaintiffs contend that the Executive Order purports to provide the president “with the ability to order the FEC to take particular positions on any question of law arising in the Commission’s performance of any of its duties.”

Claims for relief

Plaintiffs ask the court to immediately certify the question of the constitutionality of the Federal Election Campaign Act’s (the Act) provisions vesting the Commission with independent authority to interpret the Act to the U. S. Court of Appeals for the D.C. Circuit sitting en banc pursuant to 52 U.S.C. § 30110. Plaintiffs also ask the district court to find that Section 7 of the Executive Order violates the Act because it prohibits the Commissioners from exercising independent legal judgment in carrying out their statutory duties. Plaintiffs further ask that the court enjoin defendants from applying Section 7 of the Executive Order to the Commission or the Commissioners.

Resources

  • Democratic National Committee, et al. v. Donald J. Trump, et al. litigation page

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.