American Federation of Government Employees v. Trump (AFGE EO 2025)
Case Overview
The American Federation of Government Employees sued the Trump administration over President Trump's Executive Order which aims to rescind collective bargaining agreements signed under the Biden administration.
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The Application
The Trump administration contends the Executive Order is a valid exercise of presidential authority to direct executive operations, while AFGE argues the unilateral rescission violates the FSLMRS and the APA by bypassing required procedures and failing to provide reasoned justification for overturning settled labor relations arrangements.
The Conclusion
A Ninth Circuit panel vacated the district court's preliminary injunction on February 27, 2026, in an opinion amended June 17, 2026, holding that the unions had not shown a likelihood of success on their First Amendment retaliation claim, since the government demonstrated it would have taken the same action absent any retaliatory intent. The panel separately agreed with the unions on a jurisdictional point, holding that federal district courts may hear this type of challenge rather than requiring it to proceed through the Federal Labor Relations Authority. With the injunction lifted, the case returned to the district court, where the parties filed a joint case management statement on July 24, 2026, and litigation over the merits of the Executive Order continues before Judge Donato.
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