Judge Blocks Trump’s Unconstitutional Reorganization

In a major victory for AFGE and allies, a district court judge May 9 issued a temporary restraining order (TRO) blocking President Trump’s unconstitutional reorganization of the federal government because these plans “flow from likely illegal directives.” 

Judge Susan Illston agreed with AFGE and allies’ argument that the administration exceeded its authority in implementing its large-scale reductions in force (RIFs) without consulting Congress, which created and funds these agencies through legislation. 

“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,” said the judge. “Many presidents have sought this cooperation before; many iterations of Congress have provided it. Nothing prevents the President from requesting this cooperation—as he did in his prior term of office. Indeed, the Court holds the President likely must request Congressional cooperation to order the changes he seeks and thus issues a temporary restraining order to pause large-scale reductions in force in the meantime.” 

AFGE is the lead plaintiff, and our locals provided many of the declarations that supported the win. The judge also agreed with conservative former government officials and advisors who have written to the court that “Unchecked presidential power is not what the Framers had in mind.” 

In a statement, the coalition said: “The Trump administration’s unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation. Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees and reorganizing government functions haphazardly does not achieve that. We are gratified by the court’s decision today to pause these harmful actions while our case proceeds.” 

AFGE and the coalition May 2 sought emergency relief to stop the implementation of the president’s unlawful Executive Order 14210 (Implementing the President’s ‘‘Department of Government Efficiency’’ Workforce Optimization Initiative), which violates the Constitution’s fundamental separation of powers principles. Trump required federal agencies to submit for approval RIF and reorganization plans on April 14.  

The case is AFGE v. Trump and the large and diverse coalition is represented by Democracy Forward, Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and State Democracy Defenders Fund in the matter.