Judge puts two-week pause on Trump's mass government layoffs
- Reference: 1747155793
- News link: https://www.theregister.co.uk/2025/05/13/trump_government_layoffs_frozen/
- Source link:
Since taking office in January, Trump has issued a series of executive orders to slash and burn various government agencies and initiatives. On the tech front, these orders have [1]hobbled government [2]cybersecurity , potentially [3]derailed the CHIPS Act, brought AI in to [4]replace human IRS agents, [5]threatened the future of US scientific leadership, and even [6]mucked with the civilian tech workforce, among other things.
Judge Susan Illston of the Northern District Court of California issued a temporary restraining [7]order [PDF] (TRO) Friday, putting a two-week hold on government-wide reductions in force (RIFs) that will lift on May 23. The order freezes RIF efforts at more than a dozen federal agencies affected by the job cuts, including the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM), which have been largely directing the effort with the support of Elon Musk's cost-cutting pseudo-department, DOGE.
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The whole matter goes back to Trump's February 11 executive [9]order [PDF] that directed the OMB and OPM to reduce the federal government workforce, with hiring not to exceed one new position for every four eliminated. The order directed OMB to draft a general plan, OPM to create new workforce rules, and agencies to run any plans by their DOGE representatives to get approval.
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A coalition of government employee unions sued to stop the RIFs on April 28, arguing that Trump's executive order exceeded his authority, and that such considerable restructuring of federal agencies required Congressional approval, which the executive order did not seek or obtain. Illston agreed in her order.
"It is the prerogative of presidents to pursue new policy priorities and to imprint their stamp on the federal government," Illston said. "But to make large-scale overhauls of federal agencies, any president must enlist the help of his co-equal branch and partner, the Congress."
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"The Court … finds it necessary to temporarily enjoin further implementation of [RIF] plans because they flow from likely illegal directives," Illston added.
Illston further sided with the plaintiffs in finding that additional memos issued by the OMB and OPM implementing Trump's order were also illegal, as they stemmed from an illegal order and were issued in violation the Administrative Procedure Act and the need to involve Congress.
This isn't the first legal action filed to stop Trump's gutting of the federal government. California federal court judge William Alsup [13]twice [14]ruled in March that the government had to rehire employees terminated during the RIFs due to them being illegal. In those cases, the illegality was laid at the feet of the OPM for both exceeding its authority and directing that employees be terminated due to poor performance even though that wasn't the case.
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Despite court rulings already finding the reductions illegal, the Trump administration contends that it's the courts who are wrong.
"This bogus order by an activist judge seeks to block the President from exercising his authority to manage Executive Branch personnel," White House principal deputy press secretary Harrison Fields told The Register . "The district court's erroneous decision will not stand, and the Trump administration looks forward to victory on this issue."
[16]US govt's science foundation purges 37 divisions, equity unit among casualties
[17]Ex-NSA grandee says Trump's staff cuts will 'devastate' America's national security
[18]Dems look to close the barn door after top DOGE dog has bolted
[19]White House asks millions of govt workers if they would be so kind as to fork right off
The Trump administration has already filed an appeal against the TRO to the Ninth Circuit Court of Appeals, despite TROs generally [20]not being subject to appeal. For her part, Illston refused to entertain an appeal to the two-week order, finding that "doing so would render the exercise pointless," as the TRO is only in place pending a preliminary injunction hearing scheduled for May 22, the day before the TRO expires.
Interestingly enough, the government may be simply ignoring Illston's order to freeze RIFs. The case docket includes an email sent to the court from a Health and Human Services (HHS) employee (name redacted) that indicates they received an RIF termination letter the day after Illston ordered the TRO. We asked the White House about the matter, and it didn't answer the question. HHS has yet to respond. ®
Get our [21]Tech Resources
[1] https://www.theregister.com/2025/03/18/cisa_rehired_doge/
[2] https://www.theregister.com/2025/03/05/us_government_job_cuts_nsa/
[3] https://www.theregister.com/2025/02/19/trump_layoffs_nist/
[4] https://www.theregister.com/2025/05/08/the_irs_plans_to_replace/
[5] https://www.theregister.com/2025/02/21/nsf_staff_cut/
[6] https://www.theregister.com/2025/03/18/us_tech_jobs_outlook/
[7] https://regmedia.co.uk/2025/05/13/trump-rif-tro.pdf
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/publicsector&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aCPA6cSfJO5OfN3j-xWnSgAAAIY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[9] https://www.govinfo.gov/content/pkg/FR-2025-02-14/pdf/2025-02762.pdf
[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/publicsector&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aCPA6cSfJO5OfN3j-xWnSgAAAIY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/publicsector&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aCPA6cSfJO5OfN3j-xWnSgAAAIY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/publicsector&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aCPA6cSfJO5OfN3j-xWnSgAAAIY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[13] https://www.theregister.com/2025/03/04/probationary_nsf_staffers_fired_in/
[14] https://www.theregister.com/2025/03/14/government_jobs_ruling/
[15] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/publicsector&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aCPA6cSfJO5OfN3j-xWnSgAAAIY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[16] https://www.theregister.com/2025/05/09/nsf_axes_37_division/
[17] https://www.theregister.com/2025/03/05/us_government_job_cuts_nsa/
[18] https://www.theregister.com/2025/05/01/dems_ask_for_musks_financial/
[19] https://www.theregister.com/2025/01/29/us_government_workers_resign_deal/
[20] https://www.law.cornell.edu/wex/temporary_restraining_order#:~:text=These%20orders%20are%20intended%20to,notice%20should%20not%20be%20required.
[21] https://whitepapers.theregister.com/
Re: And when the government ignore the ruling ...
A few minions inside for contempt of court? Harrison Fields called the judge's decision a "bogus order". That sounds contemptuous.
Re: And when the government ignore the ruling ...
I am surprised that ronald rump hasn't installed a golden throne behind the resolute desk yet. He does have a frightening attitude in thinking he is King of the World.
I was going to say that the sooner he has a heart attack the better, but that would then leave jd vance in charge - possibly even worse.
Re: And when the government ignore the ruling ...
Sounds it, unless of course it turns out to be a bogus order. It is really not clear that a district judge can usurp executive powers through injunctions without even making a ruling and without even hearing opposing arguments. Hiring and firing are clearly executive powers granted solely to the president, not to Congress, and certainly not to unelected judges. Obviously, if any EO can be stopped by any district judge, then it will be Republican judges doing the same to the next Democratic president, etc., etc., meaning the more partisan judges are running the country, and God help us all.
Re: And when the government ignore the ruling ...
> It is really not clear that a district judge can usurp executive powers through injunctions without even making a ruling and without even hearing opposing arguments
The sole purpose of a TRO is to pause things in order that a properly organised hearing can be arranged, when all arguments can be properly presented.
A TRO does not usurp anything, it only provides for the opportunity to let due process be performed.
Re: And when the government ignore the ruling ...
then it will be Republican judges doing the same to the next Democratic president
They already tried - republicans kept using that one judge district in Texas with a super conservative judge to push their agenda and he did the same to Biden on multiple occasions, and it was cleaned up by the appeals court. At least democrats aren't always going to one ultra liberal judge knowing that it will be overturned. In some cases Trump appointed judges are the ones placing TROs on his actions. That should tell you something about their lack of legal basis.
If you think this order is bogus then it will be cleaned up by the appeals court, or supreme court if necessary. If they decline to hear appeals or support the judge then it will turn out to have not been a bogus order, but illegal action by Trump.
So the head of the executive branch is barred from firing employees of the executive branch? Maybe we need to cut all funding to the federal court system. These judges have no business interfering in these issues.
It's called "separation of powers". But it seems almost non-existent in the US these days.
But it's an order from the head of the executive branch to an agency inside that branch to reduce its workforce. Separation of powers should keep judges out of it.
Nope. Separation of powers should mean that the executive is held accountable to the rule of law. If the judges are kept out of it, what you have is a dictatorship.
You're JD Vance and I claim my $5.
Actually that was a coherent sentence.
You're Karoline Leavitt and I claim my $5.
I've no idea how expert you are on US law but I'll take a bit of a guess that a US judge knows more about it than you.
So the head of the executive branch is barred from firing employees of the executive branch?
... without going through proper processes. Similarly the head of the executive branch cannot sell employees of the executive branch for medical research, demand their sexual favours or take pot shots at them from the roof of the White House. Well, not so far, anyway.
While the employees are part of the executive branch, the money to pay their salaries was all approved by Congress. And the heads of the departments require Congressional approval as well. The President never had total carte blanche authority to just go do anything he wants to do with those departments, even though they are technically part of the executive branch and he does have the authority to supervise and direct their efforts.
The US judicial system vs Trump
"You have been warned, Donald - ok, second warning - ok final warning - I mean it - ok, I really mean it - I'm not kidding, Donald - ok, I really REALLY mean it this time - are you listening to me? Donald STOP IT! Please stop??"
Dear god, why?
If he had just fired everyone in the executive branch with an even (or odd) employee id number, he would have been home free. And it would have essentially been a 50% reduction in staff.
Preventing an economic Chernobyl
My parents were with the 5th army for a combined 65 years, I am afraid what trump is doing is nececarry. Most of us have dealt with lazy government employees with an atttude. None of the rest of us have jobs for life.
The country is over $36 trillion in debt. This article seems quite politically biased. Even organizations with promissing titles collect "lint". So don't assume that just because we laid off from a cyber security organization, that he layoff are mostly computer scientists ... This article seems politically motivated.
https://www.usdebtclock.org/
A good analogy to many government agencies is depicted in the mini series "Chernoby".
https://en.wikipedia.org/wiki/Chernobyl_(miniseries)
Re: Preventing an economic Chernobyl
Necessary or not, it has to be carried out within the law.
Re: Preventing an economic Chernobyl
The President is not permitted to do this .
It is illegal.
Some of what Trump is doing are things that only Congress can do.
Some are things that only the judiciary can do.
Some of what he's doing is straight-up illegal and nobody at all can do without a Constitutional Amendment, ratified by the States.
Imagine if Obama had banned all private firearms, no exceptions. You'd rightly expect the courts to reverse that decision immediately - because that would require a constitutional amendment.
If I hacked your leg off, I'd be arrested and prosecuted - even if I claimed it was "necessary" because you had gangrene.
Because I'm not a doctor, and you didn't consent.
And when the government ignore the ruling ...
... what then ?