The Volokh Conspiracy

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The DOGE Race to the Courthouse

Docket Numbers 164, 165, 166, and 167.

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It is inauguration day. That means it is time to sue an entity that doesn't yet exist! According to Lawfare, four separate suits were filed to stop DOGE. But who was first in the race to the Courthouse? We can tell based on the docket numbers.

Docket 1:25-cv-164 was brought by Public Citizen, State Democracy Defenders Fund, and the American Federation of Government Employees.

Docket 1:25-cv-165 was brought by the Center for Biological Diversity.

Docket 1:25-cv-166 was brought by National Security Counselors.

Docket 1:25-cv-167 was brought by American Public Health Association, American Federation of Teachers, Minority Veterans of America, Votevets Action Fund, The Center for Auto Safety, and Citizens for Responsibility and Ethics in Washington.

Let's see which judges receives these four cases.

As of yet, no suit based on the Emoluments Clauses. It's coming.