The Trump administration continues its legal pursuit to implement an executive order aimed at substantially decreasing the federal workforce. The administration returned to the Supreme Court this Monday afternoon, seeking intervention to stay an order issued by Senior U.S. District Judge Susan Illston in San Francisco, which currently bars the executive order’s execution.
In the Trump v. American Federation of Government Employees case, the administration argues the federal judge’s order imposes significant harm by disrupting executive branch operations and hindering legally authorized plans for reductions in force (RIFs). This executive order, issued by President Donald Trump in February, mandates federal agencies to prepare for workforce reductions “consistent with applicable law.”
This legal action follows Judge Illston’s temporary restraining order on the executive order in response to a lawsuit by labor unions, local governments, and advocacy groups. These groups contend that such RIFs would be unjustly implemented. Judge Illston subsequently issued a preliminary injunction, pending further judicial review. Recognizing the ongoing dispute, U.S. Solicitor General D. John Sauer withdrew an initial request for the Supreme Court’s intervention on May 23, citing the imposition of the preliminary injunction.
Despite this, the administration has refiled, after US Appeals Court for the 9th Circuit, in a split decision, declined to halt Judge Illston’s order. Sauer requested the Supreme Court to issue an administrative stay, temporarily blocking Illston’s order as the case is considered further. The justices have instructed the plaintiffs to file their response by June 9.
More on this development can be found on the SCOTUSblog.