DSCC v. Trump (D.C. Cir., EO 14399)

Case Overview

The D.C. Circuit affirmed the denial of a preliminary injunction against Executive Order 14399, the elections order, on July 28, 2026. The plaintiffs are the national Democratic Party committees, led by the Democratic Senatorial Campaign Committee, who sued the day after the order issued and moved for an injunction a week later. The panel of Judges Millett, Wilkins and Katsas did not reach the merits. It held the case likely unripe, because the order is not self-executing and directs agencies to act only to the extent feasible and consistent with applicable law. The court was pointed about what it was not saying: the plaintiffs, it wrote, have identified a number of serious questions concerning the lawfulness of the proposed actions if implemented on the threshold of the upcoming federal election. It invited them to return promptly if the agencies implement the order unlawfully. The judgment is unpublished.