A California Federal Judge has Indefinitely Extended a Nationwide Order Blocking the Trump (R) Administration from Conducting Mass Layoffs of Federal Employees during the Ongoing Government Shutdown. The Ruling marks the Latest Development in a Widening Legal Dispute over whether the Administration can use a Lapse in Appropriations to Permanently Downsize Federal Agencies.
The American Federation of Government Employees (AFGE) National President Everett Kelley said in an email on Wednesday, that “President Trump is using the government shutdown as a pretense to illegally fire thousands of federal workers—specifically those employees carrying out programs and policies that the administration finds objectionable,” adding “We thank the court for keeping in place its order preventing the administration from firing workers due to the shutdown while we continue our litigation in court.”
At the Heart of the Court Fight over the Trump Administration’s attempt to Fire Thousands of Federal Workers during the Ongoing Government Shutdown, is a Fundamental Question about the Balance of Power in Washington. The Case tests whether Trump can use a Lapse in Congressional Funding to Permanently Reshape the Federal Workforce, a move Critics say would Upend Decades of Civil Service Protections and Undermine Congress’ Constitutional Control over Spending.
Supporters frame it as an effort to Streamline Government during Fiscal Crisis, but Judge Susan Illston’s Injunction Halting the Layoffs Underscores the broader Stakes: the Rule-of-Law, the Limits of Executive Authority, and the Stability of the Public Institutions that millions of Americans Depend on. U.S. District Judge Susan Illston, a Bill Clinton (D) Appointee in the Northern District of California, Granted a Preliminary Injunction on Tuesday, that Prevents the Office of Management and Budget (OMB), the Office of Personnel Management (OPM), and other Agencies from Issuing or Enforcing Reduction-in-Force (RIF) Notices connected to the Shutdown.
“The Office of Management and Budget, the Office of Personnel Management, and the federal agency defendants are enjoined from issuing any more RIF notices because of the shutdown,” Illston said in court. She also barred the administration from implementing RIF notices already issued since the shutdown began on October 1. The injunction follows an earlier temporary restraining order issued on October 15, in which Illston found that the administration’s actions “appear to be taking advantage of the lapse of government funding to assume that all bets are off, that the law does not apply to them anymore, and that they can impose the structures that they like on the government situation that they don’t like.”
The Case was filed by the American Federation of Government Employees (AFGE), the American Federation of State, County and Municipal Employees (AFSCME), and affiliated Locals representing Federal Civilian Workers. The Unions argue that Carrying Out Permanent Layoffs, during a Funding Lapse Violates the Antideficiency Act, which Bars Agencies from Obligating Funds without Congressional Authorization, and Exceeds Executive Authority under the Administrative Procedure Act (APA).
Judge Illston said She was particularly Affected by Declarations from Federal Workers describing the Consequences of receiving RIF Notices while Furloughed and Unable to Contact Human-Resources Staff. “Although we are here talking about statutes and administrative procedure and the like, we are also talking about human lives, and these human lives are being dramatically affected,” She said.
Among those Accounts was a Declaration by Dorothy Roper, a 40-year Employee of the Centers for Disease Control and Prevention (CDC). Roper stated that She Received a RIF Notice on October 10th, while Furloughed and Later an Amended Version Mailed to Her Home. “Because of the shutdown, I am not able to contact anyone in human resources to determine why the changes were made,” She wrote in a Sworn Filing. “I have almost no information about what is most important to me, which are my retirement and healthcare options.”
Another Declaration came from Sonya Crocker, an Equal Opportunity Specialist at the Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity. Crocker said every Employee in Her Regional Office received a RIF Notice, leaving “no one left to process and investigate complaints of Fair Housing Act violations” across several Western States. She added that the Loss of Income and Health Insurance “is an understatement” in its Stress on affected Workers. In Court, Justice Department (DOJ) Attorney Michael Velchik Defended the Administration’s Position that the Layoffs were Lawful. He Argued that because “unfunded programs are no longer required by law,” the President has Authority to Tterminate Employees during a Shutdown.
“If you don’t have money coming in, you should look at ways to cut costs,” Velchik said, according to Courthouse News Service. He Added that the RIFs reflected “the will of the electorate expressed through President Donald Trump’s victory at the polls.” Illston Rejected that reasoning. “I think that’s completely wrong,” She said in response to the Government’s Assertion that a Lapse in Appropriations Grants Flexibility to Fire Workers. The judge indicated She may Fold further Proceedings to Resolve Disputes over Notices prepared before the Shutdown began.
While the Legal Case Proceeds toward a Full Hearing on whether the Administration’s Actions Violated Federal Law, the Broader Government Shutdown Continues, leaving roughly 750,000 Federal Workers Furloughed and Critical Services Stalled. Judge Susan Illston referring to the Administration’s Maneuvers around RIFs during the Shutdown said October 15th: “It’s very much ready, fire, aim.”
Daniel Horowitz, AFGE Employees Legislative Director said October 27th: “Every missed pay period deepens the financial hole in which our members and their families find themselves.” The Trump Administration is expected to Appeal Judge Susan Illston’s Injunction to the Ninth Circuit Court of Appeals, seeking to Overturn the Order that Halted Shutdown-related Layoffs of Federal Employees.
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