A federal appeals court has lifted a lower court’s preliminary injunction that prevented the Trump administration from enforcing two executive orders intended to ban collective bargaining at most federal agencies under the guise of national security, but AFGE is vowing to keep challenging the illegal action.
In response to the union-busting executive order President Trump issued on March 27, 2025, AFGE and several other unions sued the administration a week later, arguing that the order was unlawful and unconstitutional. In June, the U.S. District Court for the Northern District of California granted our request for a preliminary injunction – agreeing with our assertion that the executive order is very likely an illegal, retaliatory attempt to punish federal employee unions for engaging in constitutionally protected speech.
Following a Jan. 12 hearing on the merits of the district court’s preliminary injunction, a three-judge panel on the Ninth Circuit Court of Appeals vacated the preliminary injunction on Feb. 26. The decision to vacate the preliminary injunction was based on the limited record before the court at this early stage, and one judge indicated that the analysis could change based on additional information.
“Today’s ruling is not a final decision on the legality of this Executive Order. The court addressed only whether a preliminary injunction should remain in place while litigation continues. This case is not over. The merits of this case are still very much alive,” AFGE National President Everett Kelley said in a press statement.
“Importantly, the Ninth Circuit agreed with AFGE on a critical issue. The court held that federal district courts have jurisdiction to hear this challenge. That is a precedent-setting victory. The administration argued that unions should be forced into an administrative process that no longer applies after workers are excluded from the statute. The court rejected that argument and confirmed that the federal courts are the proper forum to decide this dispute.”
AFGE is considering its next steps, including whether to seek en banc review of the preliminary injunction decision from the Ninth Circuit Court of Appeals or proceed with litigation of the merits in the district court. Either way, AFGE’s lawsuit challenging Executive Order 14251 remains pending in the U.S. District Court for the Northern District of California.
“We are confident that when the full record is developed, we will prevail. We will continue to build our case and pursue every legal avenue available,” Kelley said.
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