The Trump administration has asked the U.S. Supreme Court to stay an injunction blocking the executive branch’s mass layoffs of federal employees.
The request, filed Monday, argues that U.S. District Judge Susan Illston’s temporary injunction on the president’s ability to implement reductions in force (RIFs) across federal agencies. The layoffs are part of President Donald Trump’s plans to reduce a “bloated” federal workforce through his Article II powers.
While Illston had argued that the president’s authority to restructure federal departments and agencies created by Congress requires explicit congressional approval, the Trump administration maintains that the district court judge’s sweeping injunction cripples the executive branch from exercising powers already within his authority.
“In this case, the district court entered a nationwide injunction that bars nearly the entire Executive Branch—19 agencies, including 11 Cabinet departments—from implementing an Executive Order that directs agencies to prepare plans to execute lawful reductions in the size of the federal workforce,” the filing reads.
“The President does not need additional statutory authorization to direct agencies to conduct RIFs to further reorganizations within the statutory bounds set by Congress, especially when it is undisputed that the agencies could have done the exact same thing unilaterally.”
The authors outlined four “fatal flaws” with the district court’s decision: RIFs are permitted by federal law; many of the RIFs have not been finalized; all of Trump’s executive orders clarify that RIFs should only be prepared when “consistent with applicable law;” and any challenges to RIFs should go through “the appropriate administrative and judicial review schemes concerning federal employment,” not federal circuit courts.
Since Trump took office, RIFs have occurred within dozens of federal agencies and departments, including the Department of Education, the State department, and the Department of Health and Human Services. Tens of thousands of federal employees have been fired, placed on administrative leave or taken buyouts from the administration.
The Trump administration urged the Supreme Court to move quickly, claiming the need to reduce the size of government warrants an immediate administrative stay.
“Every day that the preliminary injunction remains in effect, a government-wide program to implement agency RIFs is being halted and delayed, maintaining a bloated and inefficient workforce while wasting countless taxpayer dollars,” the filing concludes.
