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federal workers
9th Circuit Rules Trump Order for Mass Firings 'Far Exceeds' Constitutional Authority
The coalition behind the legal challenge the Court's decision "rightfully maintains the block on the Trump-Vance administration's unlawful, disruptive, and destructive reorganization of the federal government."
May 31, 2025
The 9th Circuit Court of Appeals on Friday night kept in place a block on President Donald Trump's efforts for massive firings and agency restructuring across the federal government, saying a far-reaching executive order signed in February went way beyond his constitutional authority and that the potential harm caused by the terminations warrants the hold while legal challenges continue to play out in the courts.
"The Executive Order at issue here far exceeds the President's supervisory powers under the Constitution," the appeals court wrote in its 2-1 decision.
The majority decision, written by Senior Circuit Judge William Fletcher, noted that while "the President enjoys significant removal power with respect to the appointed officers of federal agencies," the kind of far-reaching approach represented by Trump's executive order "has long been subject to Congressional approval."
According to the Associated Press:
The Republican administration had sought an emergency stay of an injunction issued by U.S. Judge Susan Illston of San Francisco in a lawsuit brought by labor unions and cities, including San Francisco and Chicago, and the group Democracy Forward.
The Justice Department has also previously appealed her ruling to the Supreme Court, one of a string of emergency appeals arguing federal judges had overstepped their authority.
In a statement late Friday, the coalition behind the lawsuit that challenge Trump's order—which includes nationwide labor unions and non-profit groups as well as cities and counties in California, Illinois, Maryland, Texas, and Washington—welcomed the ruling as it once again slammed Trump's assault on the nation's federal workforce and the rule of law.
The 9th Circuit's decision, the coalition said, "rightfully maintains the block on the Trump-Vance administration's unlawful, disruptive, and destructive reorganization of the federal government."
Trump's actions, the statement continued, "have already thrown agencies into chaos, disrupting critical services to people and communities across our nation. Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees en masse and reorganizing government functions haphazardly does not achieve that. We are gratified by the court's decision today to allow the pause of these harmful actions to endure while our case proceeds."
"The Trump administration's reckless attempt to dismantle our government without congressional approval threatens vital services Americans depend on every day—from caring for veterans and safeguarding public health, to protecting our environment and maintaining national security," said Everett Kelley, president of the American Federation of Government Employees (AFGE) union, the nation's largest federal worker union and a party to the suit, in response to the ruling. “This illegal power grab would gut federal agencies, disrupt communities nationwide, and put critical public services at risk. AFGE is proud to stand shoulder-to-shoulder with this coalition to protect not just the patriotic public servants we represent, but the integrity of American government and the essential services that our nation deserves."
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When Trump Lies, Democracy Dies
Trump’s lies are no longer just words; they have deadly and costly effects and can soon produce calamitous consequences.
May 26, 2025
The chronic lies of Der Führer Trump, hour by hour, day after day, are having deadly and costly impacts on the American people, with many more casualties in the pipeline of wreckage he and his henchman Elon Musk have wrought since January 20.
President Donald Trump’s lies, threats, and fake promises come from what dozens of psychologists who in 2017 perceived Trump as possessing an “unstable, dangerous personality.” Trump, a serial megalomaniac, announced recently: “I RUN THE COUNTRY AND THE WORLD.”
Confident that he can violate any law, any constitutional restraint, any international treaty, Dangerous Donald says he is “having fun,” flipping out one illegal executive order after another with cruel and vicious hammer blows against:
- Dedicated civil servants performing crucial tasks for Americans he has fired or replaced;
- Recent immigrants, paying taxes and working essential jobs at low wages (harvesting our food, cleaning up after us, caring for our children and elderly, for example); and
- Law enforcers and courts who worked to bring him to justice. The list of Trump’s wreckage is endless.
The torrent of Trumpian falsehoods have their own mass media—his own social media—and the mainstream media which still reports them out, including repeating his CAPITAL LETTERS, without giving his victims any right of reply, even when they are named. True, the mass media now tells us when some of his wild and crazy concoctions are “false” like his shameless false claim that a picture of graves was purportedly of slain white South African farmers.
But fact-checking doesn’t reach most of the people who receive Trump’s lies. For these people, his carve outs of reality are unrebutted. Unfathomably, reporters do not demand that he, Donald Trump, provide the evidence and the legal basis for his prevarications every single time they impact policy. Rarely, when they do, as in the case of Trump alleging widespread fraud by Social Security recipients, he backed off.
Mostly, however, starting with his endless assertion that he won the 2020 election “in a landslide,” eye-rolling reporters and editors don’t seem to see any point in routinely saying to him: “Prove it or admit you are mistaken.” In the vernacular—“put up or shut up.”
It doesn’t matter that Know-it-all Trump never admits any wrongdoing, any mistake, any failure, or any broken promises to his believing MAGA supporters. What matters is after a while, more and more people begin to see that he’s a fake, a delusionary con man and turn against him and proclaim “YOU’RE FIRED!”
For now, ensconced in the White House, Trump’s lies are no longer just words; they have deadly and costly effects and can soon produce calamitous consequences.
Here are some samples. Trump falsely dismisses with repeated disbelief the violent climate crises—notwithstanding record wildfires, floods, hurricanes, sea-level rise, and droughts. His response to these problems: Push to abolish FEMA, already firing thousands of staff. He is also dismissing scientists who study, document, and predict approaching climate disasters, from federal agencies, including the National Weather Service and the EPA, and cutting grants to scientific organizations and universities.
He continues to scoff at expert predictions of emerging pandemics, as he did in early 2020, mocking and dillydallying, while Covid-19 spread, resulting in hundreds of thousands of preventable deaths. His response to these perils: Strip-mine the Centers for Disease Control and Prevention and the National Institutes of Health expert staff and their grants to outside scientists.
He falsely asserts that overregulation of widespread corporate crookery is harming the economy and costing jobs. His response to these falsehoods: Close down agencies like the Consumer Financial Protection Bureau, firing regulators illegally, taking the federal cops off the corporate crime beat and, recently, just openly failing to enforce the law at all and dropping existing criminal cases against over 100 companies, including the Boeing crimes crashing two 737 Max aircraft.
He absurdly and cravenly asserts the super-rich and giant corporations are overtaxed. His response to this ridiculous allegation: Push through Congress super-rich tax cuts, ballooning the deficit, forcing cuts in Medicaid and even Medicare, afflicting people with disabilities, and closing many rural hospitals (See, New York Times: What’s in Trump’s Tax Bill?) He grotesquely describes this legislation as a “big, beautiful bill” even though it will cut critical feeding programs for poor children, severely weaken “Meals on Wheels,” “Head Start,” and federal food inspection programs.
Millions of people would lose health insurance and other life-saving and life-sustaining social safety nets. Savagely, Trump is increasing the bloated, wasteful military budget far beyond what the generals asked for and loading tens of billions of dollars onto the Department of Homeland Security to police a relatively quiet Southern Border and contract for more private prisons to hold immigrants or asylum seekers whom they round up.
If the Senate doesn’t throw out this House-passed bill (by one vote) and only tweaks it on its way to the enriching Trump and his bloody pen, consider this the beginning of the end for the Republican Party in the coming elections. For Trump is ruthlessly skewering both red and blue state voters and families, breaking contracts with small businesses, rescinding popular clean energy programs, reducing student loans, and roiling the stock markets holding the savings and pensions of tens of millions of conservative and liberal families. He is going berserk against the American people while shielding massive corporate crime and corporate welfare from law and order.
It would help this growing movement of street protests against Trump if, to take two institutions, banding together as labor unions and universities they stop cowering before the Tyrant and roar back with all their unused, formidable influence and members. Bully Donald has come a long way using intimidation to pick off his victims because they do not push back in an organized fashion.
Moreover, the feeble Democratic Party just doesn’t fire its corporate-conflicted consultants, and retire its serial losers controlling its leadership, which lost elections to the worst most vulnerable GOP in history. They should patriotically quit and welcome younger, progressive leaders, some already challenging corporate Democrats in the coming primaries, to take over and replace decay and despair with dynamism and dexterity. These challengers know they are in a race against time and have no time for the lumbering, bureaucratic, disarrayed entrenched Democratic apparatchiks to lose our Republic to a fascistic dictatorship wrecking our country at warp speed.
This younger generation should connect with older, seasoned progressive Democrats who for decades have been fighting for real reforms in our country and are eager to lend their experience and advice. They include former Labor Secretary Robert Reich, who in 2001 penned an op-ed in The Washington Post declaring “…The Democratic Party. It’s Dead.” Other stalwarts include Jim Hightower (Texas), Joel Rogers (Wisconsin), Robert Kuttner (Boston), Bishop William Barber (North Carolina), Joan Claybrook (D.C.), Mark Green, co-author with me of the book on Trump titled WRECKING AMERICA (2020), and many others.
These people and others (see winningamerica.net) do not have marbles in their mouths; they know how to communicate with people on forward directions supported by a megamajority of liberal and conservative voters. (See my 2014 book, Unstoppable: The Emerging Left-Right Alliance To Dismantle The Corporate State).
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How Federal Workers Can Leverage Civil Disobedience as a Strategy to Win
In the face of Trump’s attack on federal unions, government employees have a unique, nonviolent, and powerful tool at their disposal: withholding their labor.
May 25, 2025
Federal unions are facing a do-or-die moment: President Donald Trump is trying to stomp out worker power by destroying federal labor rights and firing federal workers. The best tool organized labor and workers have for saving themselves—as well as everything from school funding and racial equity to cancer research and social security—is to shut things down.
At the end of March, Trump signed an executive order intended to eliminate federal unions and retroactively cancel collectively bargained contracts for nearly a million federal workers. Without their union protections, even more workers will be fired. Those who remain will be at constant risk of the same fate. Black workers and women, who make up a large proportion of the federal workforce (particularly entry-level positions), stand to lose the most. On May 16, a federal appeals court lifted the temporary block on Trump’s order, allowing Trump to deny collective bargaining rights to federal workers while the matter is litigated in the courts.
Many people ask, “Can Trump legally do that?”
A better, more urgent response is: “Will we let Trump do that?”
“If federal workers were to go on strike, could they win and save their jobs?” Recent history says yes.
Trump’s order is a massive overreach of presidential authority, and federal unions have already filed a lawsuit challenging Trump’s action. More egregiously, the order is a blatantly illegal attempt at retaliation. The White House’s own statement verifies that Trump took away labor rights because the unions “declared war on President Trump’s agenda” by publicly disagreeing with the administration’s policies and continuing to file employee grievances. To be clear, this is their legal right.
It is a positive sign that unions immediately decided to fight back, unlike some of the other institutions targeted by Trump. The universities and law firms that preemptively surrendered to Trump’s shakedowns have tarnished their reputations and credibility while forfeiting massive sums of money. This has only emboldened Trump to demand more control and sent shockwaves through our democracy. Belatedly, those institutions have begun to follow the example set by unions, though the outlook is still grim. Lawsuits, rallies, and petitions are necessary and important tools of resistance, but they have not been sufficient to stop Trump’s authoritarianism and dismantling of government.
Federal workers have a unique, nonviolent, and powerful tool at their disposal: withholding their labor.
Strikes, slowdowns, sickouts—workers have many ways to withhold their labor to protest injustice in the workplace. Federal employees have no legal right to strike, which is why they have generally avoided this tactic. The last time there was a major strike by federal workers was in 1981. President Ronald Reagan crushed the strike by firing and replacing air traffic controllers who walked off the job, a moment widely viewed as the beginning of the labor movement’s decline.
But there is much that separates the strike under Reagan from what federal workers face today under Trump. Reagan had both public sentiment and the law behind him when he fired over 11,000 federal workers. As of April 2025, Trump had the lowest approval rating compared to the same period of any other second term president since polling began. Moreover, Trump’s retaliatory order to strip the rights of federal workers is not supported by legal precedent, and he has fired over 279,000 federal workers to much public outcry.
A strike by federal workers has high stakes. It risks the union being dissolved and striking workers being barred from working for the federal government in the future. But, with Trump’s mass firings and revocation of basic rights for federal workers, federal unions (and many workers’ middle class jobs, pay, and benefits) may disappear anyway.
This raises a follow up question: “If federal workers were to go on strike, could they win and save their jobs?”
Recent history says yes.
Public school teachers in West Virginia went on a nine-day strike in 2018 over abysmally low wages and rising healthcare costs. Strikes by public teachers have been illegal in West Virginia for decades, explaining why even their union leaders did not support the strikes initially. Undeterred, rank and file teachers took matters into their own hands by launching a “wildcat strike” (a work stoppage not authorized by the union). Even though the state attorney general declared the strike “unlawful” and threatened legal action, he never took steps toward enforcement, likely because of the heavy public support for the strikes. Even though the strike shut down schools across the state, parents and students viewed striking teachers as fighting for the common good against dysfunctional government leadership. The teachers won pay raises and a freeze on increases to health insurance premiums. Despite not having a legal right to strike, teachers took action anyway—and they won resoundingly. This inspired teachers in other red states to go on strike for better funding and conditions in their schools.
Essential federal workers provide another example from 2019. In a failed effort to secure funding for a border wall, Trump shut down the federal government for more than a month. Without a federal spending bill in place, federal workers were either furloughed or forced to work for 35 days without pay. What ultimately ended Trump’s shutdown was a small group of air traffic controllers. Throughout the ordeal, the air traffic controller union leadership strongly disavowed any idea of striking, both publicly and privately, worried that it would trigger serious legal consequences for the union. But after performing high stress jobs for a month without pay, and once other labor movement leaders began to call for a general strike, air traffic controllers started to call in sick, grounding flights in major metros. Within hours of the sickout, Trump reached an agreement on a new spending bill. If coordinated with the intention of creating a work stoppage, these sickouts ran the legal risks described previously. But support for ending the shutdown was high, and the public blamed Trump for causing the crisis.
An act of civil disobedience is not a risk to be taken lightly. But when government employers took deeply unpopular actions that hurt workers and communities, teachers and federal employees braved the legal risks and found a way to win.
As federal workers and their unions consider the path ahead, these words of a striking West Virginia teacher echo even louder today: “We understand this was a do-or-die moment. If we didn’t do it, there might not be a tomorrow to fix it. If we didn’t do it, we would have failed our kids, our schools, and our community.”
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