AFGE v. Trump

Protect Democracy and partner organizations, representing a coalition of unions, nonprofit groups, and local governments, filed suit against President Donald Trump and over a dozen federal agencies challenging Trump’s unconstitutional Executive Order 14210 (“Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative”), which ordered the reorganization of federal agencies and mass firing of civil servants without Congressional authority. 

The case seeks court intervention to stop the implementation of Executive Order 14210. The coalition is represented by Protect Democracy, Democracy Forward, Altshuler Berzon LLP, the Public Rights Project, and State Democracy Defenders Fund.

Plaintiffs

Plaintiffs

• Unions: The American Federation of Government Employees (AFGE), four AFGE locals, American Federation of State County and Municipal Employees (AFSCME), Service Employees International Union (SEIU) and SEIU Local 1000.
• Nonprofit groups: Alliance for Retired Americans, American Geophysical Union, American Public Health Association, Center for Taxpayer Rights, Coalition to Protect America’s National Parks, Common Defense, Main Street Alliance, NRDC (Natural Resources Defense Council), Northeast Organic Farming Association Inc., VoteVets, Western Watersheds Project. 
• Local governments: City and County of San Francisco, California; County of Santa Clara, California; City of Chicago, Illinois; City of Baltimore, Maryland; Harris County, Texas; and King County, Washington.

Background

Background

On February 11th, President Trump signed Executive Order 14210 (“Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative”), directing plans for mass layoffs, known as Reduction in Force (RIFs), and the reorganization or consolidation of most federal agencies.

This is not a power that belongs to the President. It belongs to Congress.

When presidents have wanted to restructure the government by reorganizing both between and within federal agencies, they have obtained Congressional authorization to do so. President Trump does not have authority to restructure the government, nor has he asked Congress to grant it to him.

The lawsuit seeks to:

• Declare these acts of the President unconstitutional, unlawful, and otherwise in excess of any constitutional or statutory authority;
• Hold unlawful and set aside the acts of agencies implementing his orders; 
• Issue an injunction stopping the reorganization of the federal government without legislative authority. 

President Trump’s effort to remake our federal government as he sees fit by circumventing Congress cannot be taken lightly. Our entire system of governance rests on these powers being separated, not consolidated under one person. The hundreds of thousands of workers who have dedicated their careers to serving the American public and the countless people who rely on critical services from federal agencies are paying the price of President Trump’s unlawful overreach.

This case is about preserving the separation of powers principle that is foundational to our nation and woven into our constitution. The case, AFGE v. Trump, was filed in the United States District Court for the Northern District of California.

Case documents

Case documents

Learn more

Learn more

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