L4GG Files Supreme Court Amicus Brief Defending Independence of Federal Worker Appeals Board

Today, Lawyers for Good Government (L4GG) filed an amicus brief before the U.S. Supreme Court in Harris v. Bessent, urging the Court to uphold long-standing limits on presidential removal power and protect the independence of the Merit Systems Protection Board (MSPB), the agency responsible for adjudicating federal employee appeals.

The case centers on whether the President can remove MSPB members at will, an action L4GG argues would undermine due process protections for federal workers and erode the constitutional requirement of impartial adjudication.

L4GG filed the brief alongside amici Professors Nick Bednar, the McKnight Land-Grant Professor at the University of Minnesota Law School; Victoria Nourse, the Ralph V. Whitworth Professor in Law at Georgetown University Law Center; and Lawyers Defending American Democracy.

Professor Bednar, an expert in administrative law and the civil service, and Professor Nourse, a former appellate litigator at the Department of Justice and one of the nation’s foremost experts on Congress and its constitutional history, together provide historical and constitutional analysis demonstrating that Congress has long exercised its authority to insulate adjudicatory bodies from political interference.

The brief, which you can read in full here, argues:

• The MSPB is a purely adjudicatory body. It functions like a court, hearing evidence, applying the law, and issuing binding decisions in disputes between federal employees and the government.

• Congress has authority to protect adjudicatory independence. From the Founding era onward, Congress has created bodies insulated from political control to ensure fair and impartial decision-making.

• At-will removal would violate due process. Allowing the President to remove MSPB members freely would compromise the neutrality of the tribunal and undermine the Fifth Amendment guarantee of a fair hearing.

• Weakening MSPB independence risks system-wide consequences. Removing protections could destabilize the Board’s ability to function, leaving thousands of federal employees without a meaningful forum to challenge wrongful termination.

“The Constitution requires that when the government acts against its own employees, those individuals are entitled to a fair hearing before an impartial decisionmaker,” said Professor Nourse. “Allowing political control over that process would fundamentally undermine those protections.”

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Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans.

We're Suing the Trump Administration to Restore Funding for an Underground Railroad Museum

In Albany, New York, there is a brick townhouse where abolitionists Stephen and Harriet Myers once sheltered people escaping slavery — some of them led by Harriet Tubman herself. For over twenty years, the Underground Railroad Education Center has called that house home, using it to teach that the Underground Railroad wasn't just a historical footnote. It was a civil rights movement. And it still has something to teach us.

Last week, L4GG volunteer attorneys filed a federal lawsuit on the Center's behalf to get back the funding the Trump administration took from them. It is exactly the kind of case we exist to fight.

What Happened

In 2023, the National Endowment for the Humanities awarded the Center a $250,000 grant through a rigorous, competitive process. The money was meant to fund a new Interpretive Center — a space that would have expanded the museum's reach, preserved its growing collection of over 27,000 artifacts, and created jobs in one of Albany's most economically marginalized neighborhoods.

The Center met every single requirement. Then, in May 2025, the grant was canceled. No warning. No appeal.

The cancellation came on the heels of a sweeping directive tied to President Trump's executive orders banning DEI programs across federal agencies. Over 1,400 humanities grants were terminated including 98% of those that focused on Black history and culture.The grants that survived? Projects focused on white presidents and founding fathers.

Why This Case Matters

This isn't about paperwork or bureaucracy. It's about who gets to tell the story of America — and who gets erased from it.

Nina Loewenstein, a volunteer attorney on the case through L4GG, put it plainly: the cancellation is "just explicitly erasing things associated with the Black race." She and the team of volunteer lawyers argue that the Underground Railroad Education Center is just one of thousands of organizations unlawfully targeted by the Trump administration.

Our lawsuit argues three things: that the withdrawal was racially discriminatory, that it unconstitutionally punished the Center for its viewpoint, and that it violated the NEH's own legal mandate to support diverse and underrepresented communities — a mandate Congress reaffirmed as recently as 2025.

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The Underground Railroad Education Center did everything right. It earned this grant. And the history it preserves belongs to all of us.

We're asking the court to reinstate the funding and strike down the directive that caused these mass terminations in the first place. Because if we allow the government to defund Black history and call it fiscal responsibility, the damage goes far beyond one museum in Albany.

This is what L4GG's network of attorneys shows up for — to stand with organizations doing vital work that have been wronged. We are proud to bring this fight.

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Cases like this one are handled through L4GG’s Pro Bono Litigation Corps (PBLC) — our flagship program that mobilizes litigators to take on high-impact cases just like this. If you're a litigator looking to do meaningful pro bono work, learn more at L4GG.org/PBLC.

Federal Appeals Court to Hear Arguments in Lawsuit to Restore Environmental and Climate Justice Grant Program

WASHINGTON – Today, the U.S. Court of Appeals for the D.C Circuit will hear oral arguments to determine the fate of more than $3 billion in federal Environmental and Climate Justice Block Grants. These funds, authorized by Congress under the Inflation Reduction Act (which added Section 138 to the Clean Air Act), were abruptly terminated by the Trump Administration, stripping critical resources from communities working to ensure clean air, safe water, and climate resilience. 

Attorneys from Lawyers for Good Government (L4GG), the Southern Environmental Law Center (SELC), Earthjustice, and Public Rights Project, are representing a coalition of  community-based nonprofits, Tribes, and local governments in Appalachian Voices et al v. U.S. Environmental Protection Agency. This coalition is appealing a U.S. District Court’s August 2025 decision that dismissed the case under the argument that it belongs in the U.S. Court of Federal Claims. 

“The rule of law exists to ensure that the government remains accountable to the people and the laws enacted by Congress,” said  Jillian Blanchard, Senior Vice President of Climate Change and Environmental Justice at Lawyers for Good Government. “Communities across this country spent years advocating for these resources, and they made life-altering decisions based on EPA’s promise. To claw back those funds now undermines that trust. L4GG is fighting to restore these funds because a promise made with mandated funding should be a promise kept, and no administration is above the laws passed to protect our communities’ health and future.”

The grants in question were designed to fund projects ranging from air quality monitoring to the implementation of clean energy in over-burdened areas. 

“This argument is another step in our fight to restore the Environment and Climate Justice Block grant program. Congress mandated that EPA award grants to reduce air pollution and prepare communities for natural disasters and extreme weather. EPA’s decision to eliminate this program was unlawful and has harmed communities throughout the South and across the country,” said Ben Grillot, Senior Attorney at Southern Environmental Law Center.

“Local governments and Tribal nations began hiring staff, signing contracts, and launching projects to make their communities healthier and more resilient based on these federal awards — only to have the federal government abruptly pull the rug out from under them. Congress authorized these funds, and the administration cannot simply ignore the law,” said Jonathan Miller, Chief Program Officer at Public Rights Project.

“Communities across the country have lost out on projects that would have tackled environmental harms, reduced pollution, and increased climate resilience because the Trump administration thinks it is above the law,” said Hana Vizcarra, Deputy Managing Attorney at Earthjustice. “We’re fighting alongside our partners and clients to hold the administration to account for its wholesale elimination of EPA’s grant program, which unlawfully stripped these beneficial projects from communities across the country.”

The arguments  will determine whether the court will hear the case that compels the restoration of these funds. 

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Lawyers for Good Government (L4GG) coordinates large-scale pro bono programs and issue advocacy efforts to protect human rights, defend the environment, and ensure equal justice under the law, and has a network of 125,000+ lawyers to assist in its efforts. lawyersforgoodgovernment.org

Public Rights Project is a nonpartisan nonprofit organization that helps local government officials fight for civil rights. We do this by building their capacity to protect and advance civil rights, convening and connecting them on issues of civil rights, and providing legal representation to governments to help them win in court on behalf of their residents. Since our founding, we’ve built a network of over 1,300 partners, including elected officials and 227 government offices across all 50 states, and helped recover over $46 million in relief for marginalized people. www.publicrightsproject.org 

The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 250, including more than 160 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. selc.org

Earthjustice is the premier environmental law organization in the U.S., and the legal backbone of the domestic environmental movement. For over 50 years, we have been fighting in the courts, in legislatures, and in the court of public opinion to stop the climate crisis, create healthy communities free of pollution, safeguard our precious lands and waters, and expand environmental legal frameworks to achieve these goals. Earthjustice.org

L4GG Condemns EPA’s Final Repeal of the Endangerment Finding

WASHINGTON — Following today’s final action by the Environmental Protection Agency repealing the 2009 endangerment finding, Jillian Blanchard, Vice President of Climate Change & Environmental Justice at Lawyers for Good Government (L4GG), issued the following statement:

“By finalizing the repeal of the endangerment finding, the EPA has formally declared its loyalty to polluters over people. This decision rips out the scientific and legal foundation that has protected Americans from dangerous climate pollution for more than a decade, and it does so by ignoring decades of peer-reviewed science, sidelining expert consensus, and fast-tracking a change with enormous consequences for public health. 

“Section 202(a)(1) of the Clean Air Act (42 U.S.C. § 7521(a)(1)) clearly states that the EPA Administrator must regulate any air pollutant that can “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Courts have been clear for years: the Clean Air Act requires EPA to follow the science and regulate climate pollution that endangers human health and welfare. This rule violates both the law and reality, and it will be challenged accordingly.  “Greenhouse gases don’t stop endangering people because an administration says they don’t. Heat waves, floods, wildfires, and toxic air will continue to harm communities whether EPA acknowledges the science or not.

“What makes this move especially egregious is the process itself. EPA rushed this rule through on an artificially short timeline, relied on discredited pseudoscience from a politicized ‘Climate Working Group,’ and dismissed thousands of public comments, claiming any related to climate science  were ‘out of scope.’ That is the definition of arbitrary and capricious decision-making and a failure to observe due process. 

“Communities, states, and advocates, including Lawyers for God Government, will continue to call for administrative reconsideration and push back against this repeal in the courts. This fight is far from over.”

Ryan Hathaway, L4GG’s Director of Environment and Climate Justice and former Director for Environmental Justice under Biden, added the following:

“The EPA can’t just erase the endangerment finding with the stroke of a pen. By 2009, the science was unequivocal: greenhouse gases endanger public health. The Endangerment finding wasn’t political; it was the culmination of decades of measurement, modeling, and global consensus. To reverse it now would not only ignore overwhelming scientific evidence, but unravel one of the rare moments where policy caught up to facts. It would be like deciding, years after seatbelts saved millions of lives, that maybe we never needed them. It’s reckless, ignorant, irresponsible, and will hurt people. We are not going to stand for it.”

If you’d like to connect with Jillian or Ryan to discuss the legal and environmental stakes of this unprecedented rollback, and why courts are likely to view this proposal as unlawful, we’d be happy to arrange an interview.

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Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans.

L4GG Files Amicus Brief in Appeal Defending $20 Billion Clean Energy Fund From Trump Administration Power Grab

WASHINGTON — Today, Lawyers for Good Government (L4GG) filed an amicus brief as counsel for 40 U.S. Senators and U.S. Representatives, in the appeal of Climate United Fund v. Citibank, N.A. over the Trump administration’s cancellation of the Greenhouse Gas Reduction Fund (GGRF).

The filing responds to the Trump administration’s appeal of a district court ruling that blocked EPA’s attempt to dismantle the program and reclaim funds already awarded. The brief argues that the Environmental Protection Agency’s termination of $20 billion in Congressionally mandated clean energy grants, and attempt to claw back already-disbursed funds, is unconstitutional and sets a dangerous precedent.

“Congress created, funded, and directed EPA to deliver this money to build clean energy projects that cut pollution and lower energy bills,” said Jillian Blanchard, Vice President of Climate Change & Environmental Justice at L4GG. “EPA cannot simply undo the law by executive fiat. That’s a violation of the Constitution’s separation of powers.”

The brief, which you can read in full here, argues:

• Congress has the exclusive “power of the purse.” Under the Appropriations and Spending Clauses, only Congress decides how federal funds are allocated.

• EPA’s termination was a power grab. By nullifying programs after money had already been awarded and transferred, the administration usurped Congress’s authority.

• The administration’s appeal asks the Court to rewrite precedent. By leaning on a misreading of Dalton v. Specter, the administration ignores clear Supreme Court rulings (Train v. New York, Clinton v. New York) that prohibit the executive branch from refusing to spend funds Congress appropriated.

• If allowed to stand, the ruling creates a de facto line-item veto. Any future administration could cancel duly authorized programs and seize funds Congress already appropriated, undermining democracy and destabilizing community investments.

“This is not a routine contract dispute—it is a constitutional power grab,” said Gary DiBianco, counsel at L4GG’s Pro Bono Litigation Corps. “If the executive can claw back billions that Congress has already spent, then the courts and the executive have stripped all meaning from Congress’s power of the purse.”

The GGRF was created by the Inflation Reduction Act to invest nearly $20 billion in projects that reduce pollution, lower energy costs, and build resilience in disadvantaged communities. Hundreds of organizations have already begun planning and hiring around these funds, which are now in jeopardy. 

If you’re interested in learning more about some of those communities and projects impacted, we’d be happy to potentially arrange interviews.

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Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans.