Judge stalls Trump’s federal workforce purge

(CN) — The Trump administration’s bid to fire thousands of federal agency employees was halted by a judge who issued a preliminary injunction in a lawsuit brought by a broad coalition of cities, labor unions and nonprofits.

“Presidents may set policy priorities for the executive branch, and agency heads may implement them,” Senior U.S. District Judge Susan Illston said in a decision issued late Thursday. “This much is undisputed. But Congress creates federal agencies, funds them, and gives them duties that — by statute — they must carry out.”

“Agencies may not conduct large-scale reorganizations and reductions in force in blatant disregard of Congress’ mandates, and a president may not initiate large-scale executive branch reorganization without partnering with Congress,” the Bill Clinton appointee added. “For this reason, nine presidents over the last one hundred years have sought and obtained authority from Congress to reorganize the executive branch.”

The administration on Friday filed a notice of appeal to challenge Illston’s injunction at the Ninth Circuit.

The judge had already issued a temporary restraining order two weeks ago to block the mass firings of federal workers.

The preliminary injunction is based on the plaintiffs’ and administration’s more detailed arguments regarding whether the president is entitled to proceed with the plans outlined in a February executive order, titled “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative.”

In their complaint, the cities of Chicago, Baltimore and San Francisco; Harris County, Texas; as well as numerous organized labor groups and nonprofits, claim that President Donald Trump has violated the U.S. Constitution by taking for himself the legislative power of Congress to recreate federal agencies in the manner he sees fit.

“President Trump contends he was elected with a mandate to radically transform the size and organization of the entire federal government,” according to the complaint. “Ignoring applicable constitutional law, he has engaged in a campaign unprecedented in American history: to eliminate entire federal agencies; drastically reduce the number of employees, functions, programs, and offices at others; terminated leases for government property; terminate government contracts; and sell off government property, all without Congressional authorization.”

Illston’s ruling is the latest decision by federal judges putting the brakes on President Trump’s far-reaching attempts to overhaul the federal government, aided by Elon Musk’s Department of Government Efficiency.

Only yesterday, a federal judge in Boston lambasted the Trump administration’s efforts to shutter the Department of Education, finding that it likely acted “contrary to law” in ordering a massive reduction-in-force that would have halved the department’s workforce.

U.S. District Judge Myong Joun, a Joe Biden appointee, issued a preliminary injunction barring the reduction-in-force from taking effect. The judge also enjoined the administration from enforcing President Trump’s March 20 executive order that mandated the department’s closure.

In the case before Illston, San Francisco said that any federal workforce reduction would cause adverse impacts to the city, citing three Department of Energy grants awarded to help the city develop green building standards and deploy EV charging infrastructure that are now frozen because the workers are no longer employed by the Department of Energy.

Follow @edpettersson