Protect Democracy v. Office of Management & Budget

On April 14th, Protect Democracy filed suit against the Office of Management and Budget (OMB) and Director Russell Vought for violating a law that requires public disclosure of “apportionments,” the legally binding decisions OMB makes about how federal agencies spend appropriated funds. On April 22nd, Protect Democracy filed a motion for summary judgement.

The lawsuit alleges that OMB is defying a clear congressional mandate passed in 2022 that requires these spending decisions to be published on a public website. After nearly three years of compliance, OMB abruptly removed this information from public view on March 24. Days later, OMB Director Russell Vought confirmed the agency would no longer comply with the law.

“Congress mandated transparency for apportionments to prevent abuses and strengthen oversight of the spending process by both Congress and the public,” the complaint states. “Without this transparency, the president and OMB Director may abuse their authority over the apportionment of federal funds without public or congressional scrutiny or accountability.”

By cutting off access to this vital information, OMB is obstructing oversight and undermining the Constitution’s separation of powers. This lawsuit aims to restore the public’s right to see how the executive branch is using—or misusing—federal funds, and to defend Congress’s power of the purse.

Background

Background

Apportionments are legally binding documents that instruct federal agencies as to how much of their congressionally-appropriated funding they can use and when. They are a critical accountability tool that helps Congress and the public monitor whether the executive branch is carrying out the law—or unlawfully impounding funds.

In 2022, a bipartisan majority in Congress passed legislation requiring OMB to post these documents on a public website. For nearly three years, OMB complied. But in March 2025, it reversed course without a plausible justification.

The lawsuit seeks to compel OMB to:

• Resume publishing all apportionments as required by law;
• Provide a public explanation for the removal of prior disclosures;
• Ensure that future administrations cannot hide apportionments from Congress and the public.

This case is about more than government transparency—it’s also about preserving the checks and balances that are meant to serve as guardrails against abuses of power. When the executive branch hides how it is allocating federal funds that it is required by law to spend, it makes it harder to hold the administration accountable. Indeed, it appears that may be the point. Congress and the American people have a right to see how taxpayer money is being spent and whether the administration is complying with federal spending laws.

Case documents

Case documents

Learn more

Learn more

For more information about Protect Democracy’s work to protect Congress’s constitutional power of the purse click here.