American Federation of Government Employees v. Trump (AFGE appeal 2025)
Legal Issues
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Overview
Overview
The government appealed Judge Illston's preliminary injunction which prevents the government from enacting large scale reductions in force across the executive branch.
Overview
The government appealed Judge Illston's order granting a temporary restraining order which prevents the large scale reductions in force in the executive branch and compels certain discovery production
Overview
The government appealed Judge Donato's order granting a preliminary injunction which prevented the Trump administration from implementing the executive order which would rescind collective bargaining agreements signed under the Biden administration.
The Issue
Issue
Whether the executive branch's planned reduction in force violates federal employment law and civil service protections, and whether a temporary restraining order should prevent implementation pending appeal.
The Rules
Rule
A temporary restraining order may issue upon showing of likelihood of success on the merits, irreparable harm absent the order, balance of equities favoring the applicant, and public interest support. Federal reductions in force are governed by the Civil Service Reform Act and require statutory procedural protections and notice.
The Application
Analysis
The district court found substantial likelihood of success on statutory claims regarding RIF procedures, irreparable injury to affected employees, and public interest in lawful agency action, justifying the TRO's issuance and discovery production requirement.
The Conclusion
The government's appeal in this docket, No. 25-3030, was voluntarily dismissed on May 30, 2025 under a stipulation between the parties, with the dismissal order itself serving as the mandate under Federal Rule of Appellate Procedure 42(b). The Ninth Circuit never reached the merits of this appeal. That same day, in a related appeal arising from the same district court case, No. 25-3293, a separate Ninth Circuit panel denied the government's motion to stay Judge Illston's preliminary injunction, finding the government had not shown a likelihood of success on the merits of its challenge to the reduction in force order; Judge Callahan dissented. As a result, the district court's preliminary injunction against the large scale workforce reductions remained in effect.
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