In a major victory for federal workers and the American people they serve, a judge last week granted a preliminary injunction ruling that President Trump cannot implement mass layoffs of federal workers without the approval of Congress which created these agencies.
“Presidents may set policy priorities for the executive branch, and agency heads may implement them. This much is undisputed,” said Judge Susan Illston for the Northern District of California in her May 22 decision. “But Congress creates federal agencies, funds them, and gives them duties that—by statute—they must carry out. Agencies may not conduct large-scale reorganizations and reductions in force in blatant disregard of Congress’s mandates, and a President may not initiate large-scale executive branch reorganization without partnering with Congress.”
The ruling is an extension of the two-week temporary restraining order (TRO) she previously issued on May 9. This means the 22 agencies named in the lawsuit are prohibited from implementing their planned layoffs until the case is resolved.
The administration already appealed the TRO to the Supreme Court and will certainly appeal the preliminary injunction to the Supreme Court as well.
“The Trump administration’s unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation,” said the coalition. “Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees en masse and reorganizing government functions haphazardly does not achieve that. We are gratified by the court’s decision today to pause these harmful actions while our case proceeds.”
The order applies to the departments of Agriculture, Commerce, Energy, Health and Human Services, Housing and Urban Development, Interior, Labor, State, Treasury, Transportation, and Veterans Affairs. It also applies to AmeriCorps, Peace Corps, the Environmental Protection Agency, the General Services Administration, the National Labor Relations Board, the National Science Foundation, the Small Business Administration and the Social Security Administration, the Office of Management and Budget, Office of Personnel Management, and the Department of Government Efficiency.
On May 2, AFGE and a coalition sought emergency relief to stop the implementation of the president’s unlawful Executive Order 14210 (Implementing the President’s ‘‘Department of Government Efficiency’’ Workforce Optimization Initiative), which violates the Constitution’s fundamental separation of powers principles. Trump required federal agencies to submit RIF and reorganization plans for approval on April 14.
The coalition includes AFGE as the lead plaintiff and four AFGE locals; American Federation of State, County and Municipal Employees (AFSCME); Service Employees International Union (SEIU) and three SEIU locals; Alliance for Retired Americans; American Geophysical Union; American Public Health Association; Center for Taxpayer Rights; Coalition to Protect America’s National Parks; Common Defense; Main Street Alliance; NRDC (Natural Resources Defense Council); Northeast Organic Farming Association Inc.; VoteVets; Western Watersheds Project; City and County of San Francisco, California; County of Santa Clara, California; City of Chicago, Illinois; City of Baltimore, Maryland; Harris County, Texas; and King County, Washington.
The coalition is represented by lead co-counsel Democracy Forward and Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and Democracy Defenders Fund.
