Case: National Digital Inclusion Alliance v. Trump

1:25-cv-03606 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 7, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2021, Congress enacted the Digital Equity Act, which, among other things, created the Digital Equity Competitive Grant Program to close the “digital divide” between those who have affordable access, skills, and support to effectively engage online and those who do not. To achieve this goal, the Act appropriated $2.75 billion to be distributed through grant programs to “covered populations,” groups with lower rates of broadband internet adoption than the national average, which are typically …

In 2021, Congress enacted the Digital Equity Act, which, among other things, created the Digital Equity Competitive Grant Program to close the “digital divide” between those who have affordable access, skills, and support to effectively engage online and those who do not. To achieve this goal, the Act appropriated $2.75 billion to be distributed through grant programs to “covered populations,” groups with lower rates of broadband internet adoption than the national average, which are typically in rural areas. 

The National Digital Inclusion Alliance (“NDIA”) was awarded a $25.7 million grant under the Program in January 2025 to fund “provision of low or no-cost devices and a cohort of ‘digital navigators’ to assist individuals with accessing low-cost reliable broadband, identifying local online resources, and using digital tools to fulfill basic needs.” After a series of actions—including Executive Orders 14151 and 14173 which characterize “diversity, equity and inclusion” and “diversity, equity, inclusion, and accessibility” programs inaccurately as “discriminatory” and “illegal,” a Truth Social post by Trump calling the Act “a RACIST and ILLEGAL $2.5 BILLION DOLLAR GIVEAWAY”— NDIA was sent formal notice terminating the grant award on May 9, 2025. 

On October 7, 2025, NDIA brought suit against President Trump, the U.S. Department of Commerce, the National Telecommunications and Information Administration, the National Institute Of Standards and Technology, and the Office of Management and Budget. The suit was filed in the U.S. District Court for the District of Columbia, and assigned to Judge John D. Bates. NDIA alleged a violation of the Administrative Procedure Act (“APA”), alleging the termination of the grant was beyond the constitutional powers of the executive branch, in excess of the statutory authority of the Digital Equity Act, which requires them to carry out the grant program, and was arbitrary and capricious. They also alleged a violation of the U.S. Constitution, specifically the Spending Clause and separation of powers. 

In relief, NDIA sought a declaration that the Competitive Grant Program was not unlawful or unconstitutional, and therefore the Defendants’ termination of the Competitive Grant Program violates the Constitution. It also sought vacatur of the Defendants’ actions terminating the Grant Program.

The case is ongoing.

Summary Authors

Claire Pollard (10/8/2025)

Madena Mustafa (10/28/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71577961/parties/national-digital-inclusion-alliance-v-trump/


Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Barbee-Garrett, Alexandra (District of Columbia)

Curran, Christian (District of Columbia)

Dajani, Ahmad Al (District of Columbia)

Epstein, Marc P. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-03606

Complaint for Injunctive and Declaratory Relief

National Digital Inclusion Alliance v. Trump et al.

Oct. 7, 2025

Oct. 7, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71577961/national-digital-inclusion-alliance-v-trump/

Last updated April 20, 2026, 3:34 a.m.

ECF Number Date Description Link
1 Oct. 7, 2025

COMPLAINT against PAMELA BONDI, US Attorney General, CRAIG BURKHARDT, in his official capacity as Acting Director of National Institute of Standards and Technology, HOWARD LUTNICK, in his official capacity as Secretary of Commerce, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, OFFICE OF MANAGEMENT AND BUDGET, JEANINE PIRRO, U.S. Attorney for the District of Columbia, PRESIDENT DONALD J. TRUMP, ARIELLE ROTH, in her official capacity as Assistant Secretary of Commerce for Communications and Information, U.S. DEPARTMENT OF COMMERCE, RUSSELL VOUGHT, in his official capacity as Director of Office Management and Budget with Jury Demand ( Filing fee $ 405 receipt number BDCDC-12009814) filed by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Harrison, Keith) (Entered: 10/07/2025)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Clearinghouse
2 Oct. 7, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christian N. Curran, Filing fee $ 100, receipt number ADCDC-12009826. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Harrison, Keith) (Entered: 10/07/2025)

RECAP
3 Oct. 7, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Warrington S. Parker III, Filing fee $ 100, receipt number ADCDC-12009827. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Harrison, Keith) (Entered: 10/07/2025)

RECAP
4 Oct. 7, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandra L. Barbee-Garrett, Filing fee $ 100, receipt number ADCDC-12009830. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Harrison, Keith) (Entered: 10/07/2025)

RECAP
5 Oct. 7, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ahmad Al Dajani, Filing fee $ 100, receipt number ADCDC-12009831. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Harrison, Keith) (Entered: 10/07/2025)

RECAP
6 Oct. 8, 2025

SUMMONS (11) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/08/2025)

RECAP
Oct. 8, 2025

Case Assigned to Judge John D. Bates. (znmw)

Oct. 8, 2025

Case Assigned/Reassigned

7 Oct. 9, 2025

NOTICE of Appearance by Marc P. Epstein on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Epstein, Marc) (Entered: 10/09/2025)

RECAP
8 Oct. 9, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leah E. Frazier, Filing fee $ 100, receipt number ADCDC-12014332. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Epstein, Marc) (Entered: 10/09/2025)

RECAP
9 Oct. 9, 2025

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL DIGITAL INCLUSION ALLIANCE (Harrison, Keith) (Entered: 10/09/2025)

RECAP
10 Oct. 9, 2025

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gillian Cassell-Stiga, Filing fee $ 100, receipt number ADCDC-12014675. Fee Status: Fee Paid. by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Epstein, Marc) (Entered: 10/09/2025)

RECAP
Oct. 9, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 9, 2025

MINUTE ORDER: Upon consideration of 2 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge John D. Bates on 10/9/2025. (lcjdb2)

Oct. 9, 2025

MINUTE ORDER: Upon consideration of 3 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructionsSigned by Judge John D. Bates on 10/9/2025. (lcjdb2)

Oct. 9, 2025

MINUTE ORDER: Upon consideration of 4 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge John D. Bates on 10/9/2025. (lcjdb2)

Oct. 9, 2025

MINUTE ORDER: Upon consideration of 5 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge John D. Bates on 10/9/2025. (lcjdb2)

Oct. 9, 2025

MINUTE ORDER: Upon consideration of 8 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge John D. Bates on 10/9/2025. (lcjdb2)

11 Oct. 14, 2025

NOTICE of Appearance by Christian Curran on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Curran, Christian) (Entered: 10/14/2025)

RECAP
12 Oct. 14, 2025

NOTICE of Appearance by Ahmad Al Dajani on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Al Dajani, Ahmad) (Entered: 10/14/2025)

RECAP
13 Oct. 15, 2025

NOTICE of Appearance by Warrington S. Parker, III on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Parker, Warrington) (Entered: 10/15/2025)

RECAP
14 Oct. 17, 2025

NOTICE of Appearance by Alexandra Barbee-Garrett on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Barbee-Garrett, Alexandra) (Entered: 10/17/2025)

RECAP
15 Nov. 6, 2025

NOTICE of Appearance by Leah Frazier on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Frazier, Leah) (Entered: 11/06/2025)

RECAP
16 Nov. 11, 2025

NOTICE of Appearance by Gillian Robin Cassell-Stiga on behalf of NATIONAL DIGITAL INCLUSION ALLIANCE (Cassell-Stiga, Gillian) (Entered: 11/11/2025)

RECAP
Nov. 17, 2025

MINUTE ORDER: Upon consideration of 10 Motion for Leave to Appear Pro Hac Vice, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge John D. Bates on 11/17/2025. (lcjdb2)

Nov. 17, 2025

Order on Motion for Leave to Appear Pro Hac Vice

17 Dec. 2, 2025

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 12/02/2025)

RECAP
18 Dec. 3, 2025

NOTICE OF SUBSTITUTION OF COUNSEL by Winston Shi on behalf of All Defendants Substituting for attorney Sian Jones (Shi, Winston) (Entered: 12/03/2025)

RECAP
19 Dec. 3, 2025

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 10/19/2025. Answer due for ALL D.C. DEFENDANTS by 11/9/2025. (Harrison, Keith) Modified on 12/4/2025 (zjm). (Entered: 12/03/2025)

RECAP
20 Dec. 3, 2025

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by CRAIG BURKHARDT, HOWARD LUTNICK, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, OFFICE OF MANAGEMENT AND BUDGET, ARIELLE ROTH, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Shi, Winston) (Entered: 12/03/2025)

RECAP
21 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2025. (Harrison, Keith) (Entered: 12/03/2025)

RECAP
22 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 10/21/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
23 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 10/21/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
24 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RUSSELL VOUGHT served on 10/21/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
25 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 11/14/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
26 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HOWARD LUTNICK served on 11/14/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
27 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ARIELLE ROTH served on 11/14/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
28 Dec. 3, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION served on 11/14/2025 (Harrison, Keith) (Entered: 12/03/2025)

RECAP
Dec. 3, 2025

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Dec. 3, 2025

MINUTE ORDER: Upon consideration of 20 the unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall answer or otherwise respond to plaintiff's complaint by not later than February 6, 2026. If defendants file any dispositive motion, plaintiff shall respond not later than 60 days after the dispositive motion is filed.

Dec. 3, 2025

Order on Motion for Extension of Time to Answer

29 Dec. 4, 2025

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/9/2025. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2025. (Harrison, Keith) (Entered: 12/04/2025)

RECAP
Dec. 4, 2025

NOTICE OF ERROR regarding 19 Summons Returned Executed as to DC Attorney General,. The following error(s) need correction: Incorrect event. Please refile using Summons Returned executed as to US Attorney. Please enter date of delivery (not date mailed). Please refile. (zjm)

Dec. 4, 2025

Notice of Error

30 Dec. 31, 2025

Summons Returned Unexecuted as to NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (Harrison, Keith) (Entered: 12/31/2025)

RECAP
31 Dec. 31, 2025

Summons Returned Unexecuted as to CRAIG BURKHARDT. (Harrison, Keith) (Entered: 12/31/2025)

RECAP
32 Feb. 6, 2026

MOTION to Dismiss Complaint by CRAIG BURKHARDT, HOWARD LUTNICK, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, OFFICE OF MANAGEMENT AND BUDGET, ARIELLE ROTH, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE, RUSSELL VOUGHT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Appendix Text of the Digital Equity Act, # 4 Declaration Declaration of Winston Shi and Exhibit List, # 5 Exhibit Exhibit A, # 6 Exhibit Exhibit B, # 7 Exhibit Exhibit C, # 8 Exhibit Exhibit D, # 9 Exhibit Exhibit E, # 10 Exhibit Exhibit F, # 11 Exhibit Exhibit G)(Shi, Winston) (Entered: 02/06/2026)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

3 Appendix Text of the Digital Equity Act

View on PACER

4 Declaration Declaration of Winston Shi and Exhibit List

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5 Exhibit Exhibit A

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6 Exhibit Exhibit B

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7 Exhibit Exhibit C

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8 Exhibit Exhibit D

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9 Exhibit Exhibit E

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10 Exhibit Exhibit F

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11 Exhibit Exhibit G

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RECAP
33 March 25, 2026

MOTION to Stay And Stay Briefing Deadlines by NATIONAL DIGITAL INCLUSION ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Harrison, Keith) (Entered: 03/25/2026)

1 Text of Proposed Order

View on RECAP

RECAP
March 26, 2026

MINUTE ORDER: Upon consideration of 33 plaintiffs' motion to stay briefing, and the entire record herein, it is hereby ORDERED that defendants shall respond to the motion to stay by not later than April 3, 2026, and plaintiffs shall reply by not later than April 9, 2026. It is further ORDERED that the deadline for plaintiffs to oppose 32 the motion to dismiss the complaint shall be STAYED pending this Court's resolution of the motion to stay. SO ORDERED. Signed by Judge John D. Bates on 3/26/2026. (lcjdb2).

March 26, 2026

Order

34 April 1, 2026

Notice of Withdrawal of Appearance

RECAP
35 April 3, 2026

Memorandum in opposition to motion

RECAP
36 April 9, 2026

Reply to opposition to motion

RECAP
37 April 13, 2026

Order on Motion to Stay AND Set/Reset Deadlines

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Oct. 7, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

National Digital Inclusion Alliance

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Institute Of Standards and Technology

National Telecommunications and Information Administration

Office of Management and Budget

President Trump

U.S. Department of Commerce

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

District of District of Columbia 1:25-cv-03606

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Recommended Citation