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Judge Extends Block on Trump Admin’s Mass Layoffs of Federal Workers
‘A president may not initiate large-scale executive branch reorganization without partnering with Congress,’ the judge wrote.
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‘A president may not initiate large-scale executive branch reorganization without partnering with Congress,’ the judge wrote.
A federal judge on May 22 extended her temporary block on President Donald Trump’s plans to carry out large-scale workforce reductions while a legal challenge plays out, saying his administration cannot restructure the government without the consent of Congress.
District Judge Susan Illston of the Federal District Court for the Northern District of California agreed with a group of labor unions, nonprofit organizations, and local governments who have sued the administration, alleging Trump lacks authority to initiate the large-scale layoffs without Congress’ approval and that an injunction is in the public interest.
“Presidents may set policy priorities for the executive branch, and agency heads may implement them. This much is undisputed,” Illston wrote in an order granting the extension. “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 affects hundreds of thousands of federal employees at 22 federal departments and agencies, including the Departments of Agriculture, Health and Human Services, Housing and Urban Development, State, Treasury and Veterans Affairs.
Illston also barred the administration from shutting down offices and programs in those agencies or transferring functions or programs between them.
In an earlier May 9 order, Illston blocked around 20 federal agencies from carrying out mass layoffs for two weeks while she received further arguments from both parties in the lawsuit. She also ordered the reinstatement of workers who had already lost their jobs.
That order is set to expire on May 23.
The Trump administration had asked the Supreme Court to block the two-week pause, arguing in an emergency application that Illston improperly infringed on Trump’s constitutional powers to control the executive branch.
“That far-reaching order bars almost the entire executive branch from formulating and implementing plans to reduce the size of the federal workforce, and requires disclosure of sensitive and deliberative agency documents that are presumptively protected by executive privilege,” the Department of Justice wrote in its May 16 filing.
The court has yet to rule on the emergency application, though it is now likely to be moot after the latest ruling from Illston. The Trump administration can still appeal Illston’s latest ruling.
During the May 22 hearing, Andrew Bernie, a lawyer for the administration, doubled down on the government’s belief that federal agencies have broad authority to implement large-scale layoffs.
Trump’s executive order simply directed agencies to determine what cuts can be made without detailing concrete actions they should take, such as initiating layoffs or office closures that plaintiffs could sue over at this point, the attorney said.
“Those decisions will be disclosed when they are made, and when they are made, the plaintiffs can challenge them. Indeed, the plaintiffs have challenged individual decisions,” Bernie said, referring to the multiple lawsuits that have been filed against the administration in the wake of the large-scale workforce reductions.
Illston disagreed.
“The Court reiterates the conclusion from its temporary restraining order,” the judge wrote. “The President has the authority to seek changes to executive branch agencies, but he must do so in lawful ways and, in the case of large-scale reorganizations, with the cooperation of the legislative branch ... Nothing prevents the President from requesting this cooperation—as he did in his prior term of office.”
Plaintiffs in the lawsuit against the Trump administration include the American Federation of Government Employees, Alliance for Retired Americans, American Public Health Association, Center for Taxpayer Rights, and the cities and counties in California, Illinois, Maryland, Texas, and Washington.
The coalition released a statement welcoming the ruling in which they said the administration’s “unlawful attempt” to reorganize the federal government has “thrown agencies into chaos, disrupting critical services provided across our nation.”
“We are gratified by the court’s decision today to pause these harmful actions while our case proceeds,” they wrote.
The Epoch Times contacted the White House for comment but did not receive a response by publication time.
