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The high court's decision to "release the president's wrecking ball at the outset of this litigation," said Justice Ketanji Brown Jackson, "is not only truly unfortunate but also hubristic and senseless."
The U.S. Supreme Court on Tuesday lifted a block on U.S. President Donald Trump's February executive order directing federal agency leaders to "promptly undertake preparations to initiate large-scale reductions in force" and a related memorandum.
In response to a lawsuit filed by a coalition of labor unions, local governments, and nonprofits, Judge Susan Illston—appointed to the U.S. District Court for the Northern District of California by former President Bill Clinton—had issued a temporary restraining order and then a preliminary injunction, which was upheld by the 9th Circuit Court of Appeals in May.
That legal battle led to the Supreme Court's shadow docket, where emergency decisions don't have to be signed. The Tuesday opinion from the high court's unidentified majority states that Illston's injunction was based on a view that Trump's order implementing his Department of Government Efficiency (DOGE) "Workforce Optimization Initiative" and a joint memo from the Office of Management and Budget and the Office of Personnel Management "are unlawful."
"Because the government is likely to succeed on its argument that the executive order and memorandum are lawful—and because the other factors bearing on whether to grant a stay are satisfied—we grant the application," the Supreme Court continued, emphasizing that the justices did not weigh in on the legality of any related agency reduction in force (RIF) and reorganization plans.
BREAKING: The Supreme Court allows the Trump administration to resume agency mass-firing plans over the dissent of Justice Jackson, who criticized "this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture." More to come at Law Dork:
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— Chris Geidner (@chrisgeidner.bsky.social) July 8, 2025 at 3:54 PM
Only Justice Ketanji Brown Jackson publicly dissented on Tuesday. Another liberal, Justice Sonia Sotomayor, wrote in a short concurrence that "the plans themselves are not before this court, at this stage, and we thus have no occasion to consider whether they can and will be carried out consistent with the constraints of law. I join the court's stay because it leaves the district court free to consider those questions in the first instance."
Meanwhile, Jackson argued that "given the fact-based nature of the issue in this case and the many serious harms that result from allowing the president to dramatically reconfigure the federal government, it was eminently reasonable for the district court to maintain the status quo while the courts evaluate the lawfulness of the president's executive action."
She continued:
At bottom, this case is about whether that action amounts to a structural overhaul that usurps Congress' policymaking prerogatives—and it is hard to imagine deciding that question in any meaningful way after those changes have happened. Yet, for some reason, this court sees fit to step in now and release the president's wrecking ball at the outset of this litigation.
In my view, this decision is not only truly unfortunate but also hubristic and senseless. Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts—including those that underlie fair assessments of the merits, harms, and equities. I see no basis to conclude that the district court erred—let alone clearly so—in finding that the president is attempting to fundamentally restructure the federal government.
Mark Joseph Stern, who covers the courts for Slate, said on social media that "Justice Jackson's criticism is spot-on, of course. But as Justice Sotomayor's concurrence suggests, SCOTUS' order looks like a negotiated compromise that leaves the district court room to block future RIFs and agency 'restructuring.' So the damage is limited."
"The real test will be what happens once agencies start to develop and implement plans for mass firings—which will, by and large, be illegal," he warned. "District courts still have discretion, for now, to stop them. Will SCOTUS freeze their orders and let unlawful RIFs and restructurings proceed? I fear it will."
Trump’s firings at federal agencies have upended the lives of thousands of workers.These are the people who oversee air safety, food and drug safety, disaster response, public health, and much more.Replacing civil servants with Trump loyalists is right out of Project 2025.
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— Robert Reich (@rbreich.bsky.social) July 8, 2025 at 5:13 PM
The coalition that challenged the order and memo includes the American Federation of Government Employees and four AFGE locals; American Federation of State, County, and Municipal Employees (AFSCME); Service Employees International Union and three SEIU Locals; 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; Northeast Organic Farming Association Inc.; VoteVets; and Western Watersheds Project.
It also includes the governments of Baltimore, Maryland; Chicago, Illinois; Harris County, Texas; King County, Washington; and both San Francisco and Santa Clara County in California.
"Today's decision has dealt a serious blow to our democracy and puts services that the American people rely on in grave jeopardy," the coalition said Tuesday. "This decision does not change the simple and clear fact that reorganizing government functions and laying off federal workers en masse haphazardly without any congressional approval is not allowed by our Constitution."
"While we are disappointed in this decision," the coalition added, "we will continue to fight on behalf of the communities we represent and argue this case to protect critical public services that we rely on to stay safe and healthy."
Congressman Robert Garcia (D-Calif.), ranking member of the House Committee on Oversight and Government Reform, was similarly critical but determined on Tuesday.
"The Trump-appointed Supreme Court just surrendered to a dangerous vision for America, letting the administration gut federal agencies by firing expert civil servants," he said. " The damage from these mass firings will last for decades, and weaken the government’s ability to respond to disasters and provide essential benefits and services. Oversight Democrats will not sit back as Trump turns the court into a political weapon. We will keep fighting to protect the American people and prevent the destruction of our federal agencies."
"We got people that work and repair the water mains and can't afford their water bill," said union leader Greg Boulware last week. "I don't want to be rich. We just want comfort inside the city that we serve daily."
Philadelphia's largest municipal workers' strike in over 40 years is entering its second week after negotiations with the city broke down this weekend.
Over 9,000 sanitation workers, 911 dispatchers, water services workers, crossing guards, and other city employees walked off the job last week, demanding that the city increase their salary enough to meet the rising cost of living.
But even with trash piling up on the streets and other city services understaffed, Mayor Cherelle Parker (D) would not agree to the demands made by AFSCME District Council 33, Philadelphia's largest blue-collar union.
Parker has offered a pay increase of 8.75% over the next three years, which she described as historic.
But DC 33 president Greg Boulware said that's far too little for municipal workers, many of whom are among the city's "working poor," to survive.
"It's not like as if our members are making $80,000, $90,000 a year," Boulware said. "A 2% increase on those would be significantly higher than it would be on somebody making $40,000-$45,000 a year. So, her math truly is not mathing, and you're clearly not paying attention to the working people that are going on in this city."
The average municipal worker in Philadelphia makes around $46,000, which is $15,000 less than the median income in the city and less than half of what a single adult needs to live comfortably, according to a study by SmartAsset.
"We got people that work and repair the water mains and can't afford their water bill," Boulware said at a rally last week. "We got people that repair the runways at the airport and can't afford a plane ticket. I don't want to be rich. We just want a comfort inside the city that we serve daily."
The union initially asked for an 8% raise for the next four years, which the city dismissed. This weekend, they pared their proposal down to 5%, but the city still did not budge.
Parker has insisted that her smaller proposed increases are merely what is "fiscally responsible," and that the city cannot afford to offer more.
The union has disputed this, pointing out that Parker herself is budgeted to receive a 9% increase to her salary of more than $240,000. That increase alone is nearly half the current salary that the average DC 33 member makes in a year.
As of Monday, negotiations have stalled, with no clear end in sight. With a throng of picketers behind him, Boulware told NBC 10, a local affiliate, that the union was working on a third proposal, and that negotiations may resume Tuesday. But he seemed to expect more obstinacy from the city.
"We've been there to be able to sit and meet and negotiate," he said. "It doesn't seem like the city quite honestly wants to entertain any of the questions that we have about things and actually have a true dialogue... That's how you negotiate and that's not truly what's been going on."
Despite the city's refusal to budge, momentum around the strike has continued to grow. On Friday, rapper LL Cool J dropped out of a 4th of July festival in the city, saying, "There is absolutely no way I can perform across a picket line."
Other AFSCME councils around Pennsylvania have joined pickets in solidarity. This includes Philadelphia's Council 47, which represents thousands of "white collar" city workers.
With mounds of trash accumulating on streets, sometimes becoming as "tall as people," the environmental activists with the Sunrise Movement have also joined in the effort to pressure the city. On Monday, activists hauled bags of trash into the lobby of City Hall, labeled with the words "Meet DC 33 Demands" written in yellow tape.
AFSCME, meanwhile, has stated its resolve to fight on as the strike has gained national attention.
"City workers are holding the line until they get a FAIR contract with the wages and benefits they deserve," the national union's account wrote on X Monday. "One day longer, one day stronger, no matter what it takes."
"We applaud this ruling as a critical defense of our communities and our rights at work," said the head of the American Federation of State, County, and Municipal Employees.
A federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from ending collective bargaining rights for federal employees whose work the administration says includes national security aspects. The union plaintiffs in the case hailed the decision as a "victory for working people."
"This executive order is a direct effort to silence federal workers' voice on the job—an essential freedom that helps maintain the integrity of our democracy," wrote Lee Saunders, the president of the American Federation of State, County, and Municipal Employees, one of the unions that brought the lawsuit.
"Federal workers serve every community, and targeting them through political retribution threatens the freedom of all working people to fight for fair treatment. We applaud this ruling as a critical defense of our communities and our rights at work," Saunders said.
On March 27, U.S. President Donald Trump issued an executive order with the aim of terminating collective bargaining with federal labor unions across many federal agencies, including the U.S. State Department, the Department of Justice, the Federal Communications Commission, and the General Services Administration. These agencies, according to the executive order, are "determined to have as a primary function intelligence, counterintelligence, investigative, or national security work."
Under federal law, the president is authorized to exclude agencies and subdivisions of agencies if those are the agency's primary function.
In an accompanying fact sheet, the White House called out "certain federal unions" which have "declared war on President Trump's agenda."
According to the American Federation of Government Employees (AFGE), the executive order impacts nearly a million federal employees.
In April, six unions that represent federal workers, including AFGE, filed a lawsuit in the U.S. District Court for the Northern District of California, arguing that that the executive order unconstitutionally retaliates against the union plaintiffs for their activities opposing Trump, which they argue is protected First Amendment activity.
In their complaint, the unions said that the Trump administration erred when it applied the national security exemption to workers whose jobs are not related to national security.
In his ruling, U.S. District Judge James Donato highlighted the White House fact sheet published alongside the order: "The fact sheet called out federal unions for vocal opposition to President Trump's agenda. It condemned unions who criticized the president and expressed support only for unions who toed the line. It mandated the dissolution of long-standing collective bargaining rights and other workplace protections for federal unions deemed oppositional to the president."
"All of this is solid evidence of a tie between the exercise of First Amendment rights and a government sanction," he wrote.
Donato also noted Trump "applied the national security label to an unprecedented swath of federal agencies, including whole cabinet departments for the first time in history."
David J. Holway, national president of National Association of Government Employees, another plaintiff, said that "this executive order isn't about national security. President Trump is punishing NAGE and other unions for protecting the rights of workers and standing up to the administration’s unlawful actions. The court made it clear: national security cannot be used as a smokescreen to silence federal workers. No president is above the law."
According to CNN, the judge's decision on Tuesday clashes with a ruling by the D.C. Circuit Court of Appeals, which in May lifted a different judge's block on the same executive order, in a case brought by a separate union.