AFGE v. Trump

On April 28, a coalition of unions, nonprofit groups, and local governments filed suit against President Donald Trump and nearly two 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 authorization.

On May 9, Plaintiffs secured a Temporary Restraining Order (TRO), temporarily halting the implementation of Executive Order 14210, closely followed by a preliminary injunction on May 22 that was lifted by the Supreme Court on July 8. Though the preliminary injunction is no longer in place, the case is proceeding. To that end, on Sept. 9, the district court largely denied the government’s motion to dismiss the lawsuit and granted leave to amend their allegations with regard to defendant DOGE, which plaintiffs did on Sept. 29.

This case seeks to permanently stop this unauthorized dismantling of our government. The coalition is represented by Altshuler Berzon LLP, Democracy Forward, Protect Democracy, the Public Rights Project, and State Democracy Defenders Fund.

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 the 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.

Plaintiffs

Plaintiffs

• Unions: The American Federation of Government Employees (AFGE), AFGE LOCAL 1122, AFGE LOCAL 1236, AFGE LOCAL 2110, AFGE LOCAL 3172, American Federation of State County and Municipal Employees (AFSCME), Service Employees International Union (SEIU) and SEIU Locals 521, 1000, and 1021.
• 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, Natural Resources Defense Council (NRDC), 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.

Defendants

Defendants

• President Donald J. Trump
• Russell Vought, Director of the Office of Management and Budget (OMB)
• Charles Ezell, Acting Director of the Office of Personnel Management (OPM)
• Elon MuskDepartment of Government Efficiency (DOGE) head Elon Musk and Amy Gleason, Acting Administrator
• Brooke Rollins, Secretary of Agriculture
• Howard Lutnik, Secretary of Commerce
• Pete Hegseth, Secretary of Defense
• Chris Write, Secretary of Energy
• Robert F. Kennedy Jr., Secretary of Health and Human Services
• Kristi Noem, Secretary of Homeland Security
• Scott Turner, Secretary of Housing and Urban Development
• Pamela Bondi, Attorney General
• Doug Burgum, Secretary of the Interior
• Lori Chavez-Deremer, Secretary of Labor
• Marco Rubio, Secretary of State
• Scott Bessent, Secretary of Treasury
• Sean Duffy, Secretary of Transportation
• Doug Collins, Secretary of Veteran Affairs
• Jennifer Bastress Tahmasebi, Interim Head of AmeriCorps
• Lee Zeldin, Administrator of the Environmental Protection Agency (EPA)
• Stephen Ehikian, Acting Administrator of the General Services Administration
• Marvin Kaplan, Chairman of the National Labor Relations Board (NLRB) and William Cowen, Acting General Counsel
• Brian Stone, Acting Director of the National Science Foundation
• Allison Greene, Peace Corps Chief Executive Officer
• Kelly Loeffler, Small Business Administration Administrator   
• Leland Dudke, Actin Commissioner of the Social Security Administration

Case Documents

Case Documents

Learn more

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