Activities in the Federal Programs Branch include the defense against constitutional challenges to federal statutes, suits to overturn government policies and programs, and attacks on the legality of government decisions.  The Federal Programs Branch also initiates litigation to enforce regulatory statutes and to remedy statutory and regulatory violations.  Federal Programs' attorneys have the opportunity to handle diverse issues from a variety of subject areas.

National Security, Foreign Relations, and Law Enforcement B  Attorneys are involved in critical and highly visible litigation on behalf of the Departments of State, Treasury and Defense.  The Branch has represented these departments in cases involving international terrorism and treaties.

Interstate and Foreign Commerce B Attorneys represent the Treasury Department in litigation challenging economic sanctions and commerce laws.

Government Agencies and Corporations B  Attorneys defend a variety of agencies, including the Postal Service, the Department of Veterans Affairs, and the White House.

Nondiscrimination Personnel Litigation B Attorneys handle cases involving constitutional, statutory, and other issues of appointment and removal of officers and employees of the United States, including Presidential appointees.  This area also includes First Amendment, Fourth Amendment, and other constitutional challenges to government‑wide statutes.

Discrimination in Employment Litigation B Attorneys defend against suits alleging discrimination in federal employment under the U.S. Constitution and a number of federal statutes and Executive Orders.  The Federal Programs Branch defends a number of complex Title VII class actions, as well as high‑profile or novel individual cases.  Since the authorization of compensatory damages and jury trials in 1991, this field of litigation has seen explosive growth in both the number and complexity of cases.

Human Resources B Attorneys focus on challenges to the wide variety of programs administered by the Department of Health and Human Services (HHS) and the Department of Education.

Interior, Agriculture, and Energy Concerns B Attorneys handle a variety of cases including USDA's commodity marketing and promotion order programs, the Food Stamp program, and meat safety and inspection services.

Housing and Community Development B Attorneys address housing and housing‑related cases involving the rights of tenants in federally‑subsidized housing, the government's obligations to public housing authorities (PHAs), the disposition of HUD‑owned mortgages, rural housing programs, and housing for the homeless.

Freedom of Information and Privacy B Attorneys defend against lawsuits seeking documents used or created by government agencies.  This includes litigation over materials related to FBI actions and the documents related to FBI investigations, including the FBI's crime lab and its handling of evidence.

Regulatory Enforcement and Defensive Banking Litigation B Attorneys ensure compliance with federal statutes and regulations by initiating enforcement actions on behalf of federal agencies.

Disability Litigation B Attorneys handle nationwide, class-action lawsuits attempting to effect substantive changes in the Social Security Administration's regulations and procedures. 

Examples of our practice

Affirmative Litigation

The Federal Programs Branch is responsible for civil penalty actions, subpoena enforcement actions, and suits for injunctive relief based on statutory and constitutional violations.  For example, the Branch filed an action on behalf of the Department of Energy against the Governor of South Carolina seeking injunctive relief to prevent the blockade of surplus plutonium to federal facilities in South Carolina.  The Branch also brought an action against the Pacific Maritime Association and the International Longshore & Warehousemen's Union to enjoin an ongoing lockout at all 29 ports along the west coast.

International Terrorism

Since September 11, 2001, the Federal Programs Branch has played a significant role in the on-going implementation of the President's global terrorism executive order, by which the assets of hundreds of terrorists or their financiers have been frozen.  The Branch has also defended against attempts by designated entities to challenge the statutory and constitutional authority of the President to freeze their assets, as well as the underlying factual bases supporting their designations.  The Branch has also represented the Departments of State, Treasury, and Defense in cases in which victims of international terrorism have tried to satisfy multi-million dollar court judgments that these victims have obtained against sovereign nations.  The plaintiffs have endeavored to attach assets in the United States that are "blocked" pursuant to government sanction programs.

Internet/Pornography Litigation

The Federal Programs Branch has defended Congress' efforts to restrict the access of children to pornography that is otherwise accessible to them over the Internet.  Since 1998, the Branch has been defending the Child Online Protection Act, which seeks to restrict access to pornographic Web sites.  More recently, the Branch has defended the Children's Internet Protection Act, which conditions the receipt by public libraries of certain federal benefits and discounts on their installing filtering software on their computer terminals that access the Internet.