The Civil Division's Federal Programs Branch represents the Executive Branch in civil litigation in district courts throughout the United States. The Branch defends the Executive Office of the President, the Cabinet, other government officials, and nearly all of the approximately 100 federal agencies and departments of the Executive Branch in civil actions challenging the legality of government policies and decisions.
Branch work arises from high-profile lawsuits and often involves cutting-edge issues in administrative and constitutional law, including the scope of congressional and executive power, large-scale Administrative Procedure Act (APA) challenges involving billions of dollars in federal funds, and cases with significant public policy implications. Recent Supreme Court cases previously handled by Branch attorneys at the district-court level include:
NFIB v. Sebelius, 567 U.S. 519 (2012) (Affordable Care Act)
DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA program)
Biden v. Missouri, 142 S. Ct. 647 (2022) (healthcare workers' COVID-19 vaccine mandate)
Biden v. Nebraska, 143 S. Ct. 2355 (2023) (student loan debt relief)
The Branch also initiates affirmative litigation to enjoin actions of state and local governments that conflict with the Supremacy Clause and enforces a range of agency statutory and regulatory powers. Litigation is fast-paced and ranges from single-plaintiff actions to nationwide class actions, involving significant coordination with federal agencies and DOJ leadership.
