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

Excerpt:  “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. 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.'”