SAN FRANCISCO (AP) — A federal judge in San Francisco on Tuesday indefinitely barred the Trump administration from firing federal employees during the government shutdown, ruling that labor unions are likely to prevail on claims that the job cuts were arbitrary and politically motivated.
U.S. District Judge Susan Illston granted a preliminary injunction that prohibits the firings while a lawsuit challenging them proceeds. She had previously issued a temporary restraining order against the job cuts, which was set to expire Wednesday.
Illston, nominated by Democratic President Bill Clinton, stated she believes the evidence will ultimately show the mass firings were illegal and exceeded the administration’s authority. Federal agencies are now enjoined from issuing layoff notices or acting on any notices issued since the government shutdown began on October 1. However, the order does not apply to notices sent before the shutdown.
The Republican administration has slashed jobs in education, health, and other sectors it claims are favored by Democrats. The administration has also announced it will not use approximately $5 billion in contingency funds to maintain benefits through the Supplemental Nutrition Assistance Program (SNAP) into November.
The American Federation of Government Employees and other labor unions have filed suit to halt these “reductions in force,” arguing the firings are an abuse of power intended to punish workers and pressure Congress.
Government lawyers counter that the district court lacks authority to hear personnel challenges, asserting that President Trump has broad power to reduce the federal workforce as promised during his campaign.
Assistant U.S. Attorney Michael Velchik emphasized, “The president was elected on this specific platform. 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.”
President Trump famously starred on the reality TV show “The Apprentice,” where his catchphrase was telling candidates, “You’re fired.”
Since October 10, about 4,100 layoff notices have been sent, including some to work email addresses inaccessible to furloughed employees. Some personnel were called back to work without pay to issue layoff notices to others.
Meanwhile, Democratic lawmakers demand that any agreement to reopen the federal government address expiring health care subsidies that have helped millions of Americans afford insurance. They also seek to reverse Medicaid cuts enacted in Trump’s major tax and spending bill passed this summer.
Republican House Speaker Mike Johnson has refused to negotiate with Democrats until they first agree to reopen the government.
This shutdown is now the second-longest in U.S. history. The longest occurred during Trump’s first term over his demand for funding the U.S.-Mexico border wall and lasted 35 days, ending in 2019.
https://whdh.com/news/judge-extends-order-barring-the-trump-administration-from-firing-federal-workers-during-the-shutdown/