Judge extends order barring Trump administration from firing federal workers during shutdown
SAN FRANCISCO — A federal judge in San Francisco on Tuesday indefinitely barred the Trump administration from firing federal employees during the government shutdown, saying that labor unions were likely to prevail on their claims that the cuts were arbitrary and politically motivated.
U.S. District Judge Susan Illston granted a preliminary injunction that bars the firings while a lawsuit challenging them plays out. She previously issued a temporary restraining order against the job cuts that was set to expire Wednesday.
Illston, who was nominated by former President Clinton, has said she believes evidence will show the mass firings were illegal and in excess of authority.
Federal agencies are enjoined from issuing layoff notices or acting on notices issued since the government shut down Oct. 1. Illston said her order does not apply to notices sent before the shutdown.
The Republican administration has slashed jobs in education, health and other areas it says are favored by Democrats. The administration also said it will not tap roughly $5 billion in contingency funds to keep benefits through the Supplemental Nutrition Assistance Program, commonly referred to as SNAP, flowing into November.
The American Federation of Government Employees and other labor unions sued to stop the “reductions in force” layoffs, saying the firings were an abuse of power designed to punish workers and pressure Congress.
“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,” AFGE National President Everett Kelley said in a statement thanking the court.
The White House referred a request for comment to the Office of Management and Budget, which did not immediately respond.
Lawyers for the government say the district court does not have the authority to hear personnel challenges and that President Trump has broad authority to reduce the federal workforce as he pledged to do during his campaign.
“The president was elected on this specific platform,” Assistant U.S. Attorney Michael Velchik said. “The American people selected someone known above all else for his eloquence in communicating to employees that you’re fired; this is what they voted for.”
Trump starred on a long-running reality TV series called “The Apprentice” in which his signature catchphrase was telling candidates they were fired.
About 4,100 layoff notices have gone out since Oct. 10, some sent to work email addresses that furloughed employees are not allowed to check. Some personnel were called back to work, without pay, to issue layoff notices to others.
The lawsuit has expanded to include employees represented by additional labor unions, including the National Treasury Employees Union, the American Federation of Teachers, and the International Federation of Professional and Technical Engineers. All Cabinet departments and two dozen independent agencies are included in the lawsuit.
Democratic lawmakers are demanding that any deal to reopen the government address expiring health care subsidies that have made health insurance more affordable for millions of Americans. They also want any government funding bill to reverse the Medicaid cuts in Trump’s big tax breaks and spending cuts bill passed this summer.
Republican House Speaker Mike Johnson has refused to negotiate with Democrats until they agree to reopen the government.
This is now the second-longest shutdown in U.S. history. The longest occurred during Trump’s first term over his demands for funds to build the Mexico border wall. That one ended in 2019 after 35 days.
Har writes for the Associated Press.
