FOR IMMEDIATE RELEASE
February 26, 2026
February 26, 2026
Contact:
Tim Kauffman
202-374-6491
[email protected]
AFGE Responds to Ninth Circuit Ruling on Executive Order Targeting Federal Workers
‘AFGE is here to stay,’ union leader says following ruling
WASHINGTON – On behalf of more than 800,000 federal and D.C. government workers, American Federation of Government Employees National President Everett Kelley issued the following statement today in response to the U.S. Court of Appeals for the Ninth Circuit’s decision vacating a preliminary injunction against Executive Order 14251:
“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.
“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.
“The decision to vacate the preliminary injunction was based on the limited record before the court at this early stage. One judge wrote separately to emphasize that reviewing a preliminary injunction is a ‘distinction with a difference,’ and that a fully developed factual record may materially change the analysis. The court’s decision likewise addressed only our First Amendment retaliation claim. It does not resolve our statutory claims that the Executive Order exceeds the president’s authority under federal law. Those ultra vires claims remain before the district court. As this case proceeds, additional evidence will be presented.”
“AFGE is considering whether to seek en banc review of this decision while simultaneously returning to the district court to continue litigating this case on the merits. 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.
“Our union is not defined by a single ruling. AFGE is here to stay. Our union is much more than a contract. We are hundreds of thousands of patriotic American civil servants standing together across the country. We will continue organizing, representing, and defending federal workers in every workplace affected by this order. We will continue to challenge unlawful overreach in court. And we will continue to make clear that weakening the federal workforce weakens the services the American people depend on every day. This fight is far from over.”
AFGE’s lawsuit challenging Executive Order 14251 remains pending in the U.S. District Court for the Northern District of California. Click here for an update on all of our lawsuits challenging the administration’s policies.
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