Mere moments after President Trump his oath, a group of progressive public interest groups filed suit to challenge DOGE. Of course, DOGE had not yet been created. It wasn't even clear what DOGE was. And who has standing to challenge a non-existent entity? But Resistance demands being the first to file.
The complaints assumed that DOGE would be some sort of advisory committee outside the aegis of the federal government. These committees may be subject to the Federal Advisory Committee Act (FACA). In 1993, a federal district court found that the President's Task Force on National Health Care Reform, chaired by Hillary Clinton violated FACA. However, the D.C. Circuit reversed that decision, finding that the task force was not subject to FACA. (This is a rare case where Judge Silberman reversed Judge Lamberth.)
But there's a problem for the Resistance. DOGE is not an advisory committee. It is not subject to FACA. The President's order explains that DOGE will be housed within the Executive Office of the President:
