CREW sues to block Jared Kushner from exercising government authority, citing Appointments Clause

Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit on Wednesday challenging the legality of Jared Kushner’s role in President Donald Trump’s administration, arguing that Kushner is exercising government authority in a way that violates the Constitution’s Appointments Clause.

The complaint seeks to bar Kushner “from occupying his government position and exercising government authority in violation of the Appointments Clause,” according to the lawsuit’s language described in the filing. CREW’s request, as outlined in the suit, is focused on stopping Kushner’s ability to hold the role and carry out functions while the legality of his appointment is litigated.

The lawsuit frames the dispute as a constitutional appointment problem rather than a policy disagreement. Under the Appointments Clause, certain federal officials must be appointed through constitutionally specified processes involving the President, the Senate, or department heads, depending on the office. CREW argues that Kushner’s participation does not comply with those constitutional requirements.

CREW’s complaint also requests judicial relief tied directly to Kushner’s authority. The suit contends that if Kushner is serving in a capacity covered by the Appointments Clause, his ability to exercise government power should be enjoined to prevent officials from operating under what the group calls an unlawful appointment structure.

The challenge comes as the administration continues to staff senior roles and exercise federal authority through appointed personnel. Legal actions of this kind can affect how quickly the government proceeds with decisions involving officials at the center of appointment disputes, depending on what the court orders and how it interprets the scope of the requested injunction.

A federal court’s handling of the suit will determine next steps, including whether the case proceeds on the merits and whether the court grants any interim relief. CREW is seeking to prevent Kushner from continuing to occupy the role and to exercise government authority during the litigation, while the administration and Kushner, through counsel, will have an opportunity to respond to CREW’s constitutional allegations.