Reorganization and Massive Reductions in Force Across Federal Agencies Violate Core Constitutional Concepts of Separation of Powers 

Case Reflects Largest and Most Significant Challenge to President’s Authority to Remake Government without Congressional Approval

Washington, D.C. – The coalition that includes nationwide labor organizations, vital non-profit groups, and local cities and counties in California, Illinois, Maryland, Texas, and Washington challenging the Trump administration’s unlawful reorganization of the federal government underway without legislative authority has filed a motion for a temporary restraining order that would halt the unlawful reorganization of the federal workforce. The case is AFGE v. Trump and the large and diverse coalition is represented by Democracy Forward, Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and State Democracy Defenders Fund in the matter.

The urgency for emergency relief comes as plaintiffs seek court intervention to stop the implementation of the President’s unlawful Executive Order 14210 (Implementing the President’s ‘‘Department of Government Efficiency’’ Workforce Optimization Initiative), which violates the Constitution’s fundamental separation of powers principles. Federal agencies were required to submit for approval Agency Reductions in Force and Reorganization Plans on April 14. Although the President’s Executive Order seeks to radically reorganize and deconstruct federal agencies through massive reductions in force, the groups make clear in the filing that only Congress has the power to change the federal government in the ways the President has directed. 

The coalition includes the American Federation of Government Employees (AFGE) and four AFGE locals; American Federation of State County and Municipal Employees (AFSCME); Service Employees International Union (SEIU) and SEIU Local 1000; 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; 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. 

Statements from plaintiffs and counsel in the case are here. 

Read the complaint here and the memo in support of a motion for a temporary restraining order here. 

– # # # – 

Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.