In this discussion, Minnesota Attorney General Keith Ellison shares insights into the ongoing litigation against the new administration's controversial executive orders. Ellison, a former U.S. Congressman, sheds light on lawsuits challenging DOGE's access to Treasury systems and the delegation of unprecedented power to Elon Musk. He highlights the essential role of state attorneys general in defending democracy and the complexities of federal civil procedures. The conversation also delves into the implications for consumer protection and calls for greater congressional accountability.
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insights INSIGHT
Administrative Procedure Act
The Administrative Procedure Act (APA) governs how agencies operate, requiring fair notice, comment periods, and rational decision-making.
Trump's actions violated the APA by not allowing public input and being arbitrary and capricious, leading to successful legal challenges.
question_answer ANECDOTE
Preliminary Injunction and Compliance
A preliminary injunction has been issued against unauthorized DOGE access, but compliance remains an issue.
Other lawsuits, like the "empowerment case" involving frozen funds, face regular non-compliance, highlighting potential future legal actions.
insights INSIGHT
Musk's Appointment and the Constitution
Elon Musk's role within DOGE is considered an appointment because he exercises administrative control and directs staff.
This necessitates adherence to the appointments clause, requiring Senate confirmation, which poses a constitutional challenge.
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Published in 1935, 'It Can't Happen Here' is a dystopian political novel by Sinclair Lewis. The story is set in a fictionalized version of the 1930s United States and follows the rise of Berzelius 'Buzz' Windrip, a demagogue who becomes the country's first outright dictator. The novel centers on Doremus Jessup, a newspaper editor who opposes Windrip's fascist policies and becomes a key figure in a liberal rebellion against the regime. The novel was adapted into a play by Lewis and John C. Moffitt in 1936, which premiered in 21 U.S. theaters simultaneously[2][5].
The new Trump administration’s “slash first, ask questions later” approach to overhauling the federal bureaucracy has, unsurprisingly, spawned a mountain of litigation raising a dizzying array of statutory and constitutional challenges to various executive actions.
Among the most effective to date at halting the steamroller, at least temporarily, have been those brought by a coalition of Democratic state attorneys general. Two of these have focused particularly on the activities of the soi-disant Department of Government Efficiency. The first lawsuit has, thus far successfully, sought to block DOGE staff from accessing the Treasury Department’s critical payments system, alleging violations of the Administrative Procedures Act, the Privacy Act of 1974, and the Federal Information Security Management Act, among others.
The second suit strikes at the formation of DOGE itself, arguing that the unprecedented power delegated to Elon Musk effectively makes him a senior government officer, and that the administration’s failure to seek Senate confirmation runs afoul of the constitutional mandate to obtain the “advice and consent” of that body for such appointments.
In order to get the inside skinny on the litigation—and what future challenges might be coming down the pike—we spoke with Minnesota Attorney General Keith Ellison, who brought the suits along with 18 other state attorneys general. Ellison previously served a dozen years in the U.S. House of Representatives, where he founded the Congressional Antitrust Caucus and the Congressional Consumer Justice Caucus, as well as co-chairing the Congressional Progressive Caucus.
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