Day-one litigation sweep to reverse prior Administration legal positions
Mandate tells Counsel to get up to speed immediately on significant executive-branch litigation and present recommendations to reconsider or reverse the prior Administration’s positions that challenge the new agenda.
Mandate
Mandate Ch. 1 (White House Office) — Office of White House Counsel: when a new President takes office, decide expeditiously how to handle major ongoing litigation; Counsel must present recommendations including reconsidering or reversing positions of the previous Administration in any significant litigation, usually consulting new DOJ political leadership including during transition.
Undo plan
1) Require DOJ/agency litigation position changes to run through career-component review plus public reasoning when abandoning prior government positions mid-case.
2) Restore norms against White House directing case outcomes in pending matters involving private parties or voting rights.
3) Create a transition playbook that inventories litigation for continuity of lawful obligations (consent decrees, court orders) before political reversal.
4) Codify that reversals affecting statutory rights require notice-and-comment or congressional reporting where feasible.
5) Verify: court dockets and DOJ transparency reports listing position changes and stated legal bases.