Last week, a panel of judges from the United States Court of Appeals for the Ninth Circuit granted the government’s motion to stay (or pause) a preliminary injunction issued by a federal district court judge in our lawsuit against President Trump’s executive order excluding most federal agencies and workers from collective bargaining.
“This ruling is certainly a setback for fundamental rights in America,” stated AFGE National President Everett Kelley. “While we assess this order’s impact and our next steps in these preliminary injunction proceedings, we remain fully committed to fighting this case on the merits and are confident in our ability to ultimately prevail."
What does this mean?
The preliminary injunction issued by the District Court for the Northern District of California that prevented the government from implementing Executive Order 14251 is no longer in effect, i.e., is stayed, while the Court of Appeals hears the government’s appeal of the injunction.
It is important to note that this ruling only pertains to the government’s request for a stay (or pause) of Judge Donato’s preliminary injunction, which prohibited the government from implementing the EO. This is not a final ruling on the merits of our lawsuit.
How did we get here?
On March 27, President Trump issued Executive Order 14251, Exclusions from Federal Labor Management Relations Programs, also known as the “Exclusions EO.”
On April 4, AFGE and our allies immediately filed a lawsuit, arguing that the order was illegal and retaliatory against AFGE members for exercising their First Amendment rights.
On June 24, U.S. District Court Judge James Donato granted AFGE’s request for a preliminary injunction, ruling that the Exclusions EO is likely illegal.
On July 8, a three-judge panel with the Ninth Circuit Court of Appeals issued an administrative stay (or temporary pause) of Judge Donato’s preliminary injunction, following the Trump administration’s emergency motion to stay (or pause) the injunction while the appeals process plays out.
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