FOR IMMEDIATE RELEASE
July 08, 2025
July 08, 2025
Contact:
Tim Kauffman
202-374-6491
[email protected]
Supreme Court Intervenes to Allow Trump’s Unlawful Reorganization of the Federal Government to Continue as Case Proceeds
Court Uses Shadow Docket to Lift Lower Court's Pause of Unconstitutional Overhaul of Vital Departments and Agencies
Washington, D.C. - The U.S. Supreme Court has granted another emergency stay request from the Trump-Vance administration to stay the injunction two lower courts had approved in AFGE v. Trump that halted the unlawful reorganization of the federal government. The court’s decision permits the administration to continue with plans to restructure federal agencies using Agency Reductions in Force and Reorganization Plans, despite the absence of the required congressional authorization. The court specifically did not weigh in on the legality of the agency plans themselves. The case will continue and counsel are considering next steps.
The coalition bringing the case, which includes labor unions, non-profit organizations, and cities and counties in California, Illinois, Maryland, Texas, and Washington, is represented by lead co-counsel Democracy Forward and Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and Democracy Defenders Fund.
The coalition released the following statement in response to the court’s decision:
“Today’s decision has dealt a serious blow to our democracy and puts services that the American people rely on in grave jeopardy. This decision does not change the simple and clear fact that reorganizing government functions and laying off federal workers en masse haphazardly without any congressional approval is not allowed by our Constitution. While we are disappointed in this decision, we will continue to fight on behalf of the communities we represent and argue this case to protect critical public services that we rely on to stay safe and healthy.”
The coalition includes the American Federation of Government Employees (AFGE) and four AFGE locals; American Federation of State, County and Municipal Employees (AFSCME); Service Employees International Union (SEIU) and three SEIU Locals (521, 1000, 1021); 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.
Statements from plaintiffs and counsel in the case are here.
AFGE v. Trump argues that the Trump administration’s unlawful reorganization of the federal government, which is already underway without legislative authority, violates the Constitution’s fundamental separation of powers principles.
Read the complaint here and the Supreme Court ruling here.
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
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