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Brehm v. Marocco

No. 1:25-cv-00660 District · Decided Decided
Court
D.D.C.
dcd
Judge
Richard J. Leon
Decided
Jun 16, 2025
Filed
Mar 6, 2025
Judge (CL)
Richard J. Leon
Filed (CL)
Mar 6, 2025
CL Status
terminated

Case Overview

The President of the United States African Development Foundation sued Pete Marocco and DOGE over DOGE's attempts to disband the USADF following President Trump's executive order describing the foundation as "unnecessary."

The Application

History

The USADF was statutorily created and funded through congressional appropriation. The President's executive order directing DOGE to disband the foundation, without new statutory authority or compliance with amendment procedures, directly conflicts with the statutory framework vesting the agency's continued operation in Congress.

The Conclusion

The court ruled in favor of the plaintiff, holding that the President lacks unilateral executive authority to disband a congressionally-chartered agency through executive order and enjoining DOGE's dismantling of the USADF.

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Docket

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Outcome History (4)

  1. Mar 11, 2025 District
    TRO denied Relief denied

    Plaintiff's Motion for Temporary Restraining Order was denied, and the parties were ordered to meet and confer regarding further proceedings.

  2. Apr 15, 2025 District
    Other Neutral

    Plaintiff's Motion to Establish Procedures for Testimony or, in the Alternative, Strike Declaration was denied for non-compliance with Local Rule 65.1(d).

  3. May 29, 2025 District
    Other Neutral

    Defendants' Consent Motion to Vacate the Obligation to File an Answer was granted nunc pro tunc.

  4. Jun 10, 2025 District
    Summary judgment denied Relief denied Final

    Plaintiff's Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction was denied; Defendants' Motion for Summary Judgment was granted.

Federal Court TMR-9bb06432 United States African Development Foundation Dismantling May 18, 2026
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