ACLJ Fights Back Against Rogue Judges in Treasury Data Case

The ACLJ has filed a critical amicus brief in the Second Circuit Court of Appeals defending the fundamental constitutional principle that the President must have the authority to oversee their own Executive branch. At stake is nothing less than the separation of powers enshrined in our Constitution.

In State of New York v. Trump, a number of states filed suit challenging the Treasury Department’s creation of a DOGE (Department of Government Efficiency) team within the Bureau of Fiscal Services. The lawsuit targeted the Treasury’s decision to grant two DOGE team members access to payment systems data as part of an engagement plan aimed at identifying waste, fraud, and inefficiencies in the federal payment systems that process trillions of dollars annually.

Rather than allowing the Executive branch to conduct its legitimate oversight functions, a federal district judge issued an extraordinary preliminary injunction. The court’s order prevented Treasury Department employees from accessing Treasury Department payment systems – essentially blinding the President to data within their own Administration that is necessary to root out fraud and waste.

The district court essentially declared that unelected civil servants can operate independently of presidential oversight, creating an island of Executive power accountable to no one. The President – the only official elected by all Americans – would be prohibited from supervising their own department and delivering on the mandate voters gave them to eliminate government waste and corruption.

This isn’t just judicial overreach. It’s a direct assault on Article II of the Constitution and the unitary Executive structure our Founders carefully designed.

Take action with us and add your name to the petition: Defeat Rogue Judges – Defend the Constitution.

ACLJ’s Response: Defending Constitutional Order

We have filed an amicus brief that makes clear what should be obvious: Preventing the President from overseeing the Treasury Department violates the separation of powers.

As Alexander Hamilton wrote in Federalist No. 70, “Energy in the Executive is a leading character in the definition of good government.” The President cannot execute the laws if rogue judges can wall off entire sections of the Executive branch from the President’s oversight.

Since 1789 – for over two centuries – U.S. Presidents have maintained direct control over the Treasury Department without serious challenge. The President cannot execute the laws – including laws requiring agencies to prevent improper payments and reduce fraud – if activist judges can wall off entire sections of the Executive branch from the President’s oversight.

Fighting Rogue Judges Who Ignore the Constitution

The district court’s decision is particularly egregious because it was based on speculative fears rather than actual evidence. The court acknowledged that the Treasury Department implemented numerous security measures, including encrypted laptops, read-only access, enhanced monitoring, and data exfiltration detection. Yet despite this, the court still granted the extraordinary relief of preventing the Executive branch from accessing its own data. This is judicial second-guessing of Executive branch operations at its worst.

Our brief makes clear that the separation of powers is not a suggestion – it’s the foundation of our constitutional republic. Rogue judges cannot be allowed to fragment Executive authority and create dangerous information silos that prevent the President from faithfully executing the laws and rooting out fraud.

Take action with us and add your name to the petition: Defeat Rogue Judges – Defend the Constitution.