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In 'Serious Blow to Our Democracy,' Supreme Court Allows Trump Mass Firing Order
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."
Jul 08, 2025
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."
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Federal Judge Halts Trump and Musk's Illegal Overhaul of US Government
The second Trump administration "has thrown agencies into chaos, disrupting critical services provided across our nation," the coalition behind the lawsuit said, welcoming the temporary restraining order.
May 10, 2025
A federal judge in California on Friday temporarily blocked what at coalition of labor unions, local governments, and nonprofits argued was "the unconstitutional dismantling of the federal government by the president of the United States on a scale unprecedented in this country’s history and in clear excess of his authority."
Since returning to office in January, U.S. President Donald Trump—aided by his so-callled Department of Government Efficiency and its de facto leader, billionaire Elon Musk—has worked to quickly overhaul the bureaucracy, even though "the president does not possess authority to reorganize, downsize, or otherwise transform the agencies of the federal government, unless and until Congress authorizes such action," as the coalition's complaint notes.
District Judge Susan Illston agreed with the groups and governments, which include the American Federation of Government Employees (AFGE), American Federation of State County and Municipal Employees (AFSCME), Service Employees International Union (SEIU), Alliance for Retired Americans, Main Street Alliance, Natural Resources Defense Council, the city and county of San Francisco, Chicago, Baltimore, and more.
"The president has the authority to seek changes to executive branch agencies, but he must do so in lawful ways and, in the case of large-scale reorganizations, with the cooperation of the legislative branch," wrote Illston in a 42-page decision. "Many presidents have sought this cooperation before; many iterations of Congress have provided it. Nothing prevents the president from requesting this cooperation—as he did in his prior term of office."
"Indeed, the court holds the president likely must request congressional cooperation to order the changes he seeks, and thus issues a temporary restraining order to pause large-scale reductions in force in the meantime," said the judge, appointed to the U.S. District Court for the Northern District of California by former President Bill Clinton.
Illston added that "a temporary restraining order is, by definition, temporary. The court will not consider defendants' request for a stay of execution of the temporary restraining order, as doing so would render the exercise pointless. The court must promptly proceed to consideration of a preliminary injunction."
Welcoming the development in a late Friday statement, the plaintiff coalition said that "the Trump administration's unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation."
"Each of us represents communities deeply invested in the efficiency of the federal government—laying off federal employees and reorganizing government functions haphazardly does not achieve that," the coalition added. "We are gratified by the court's decision today to pause these harmful actions while our case proceeds."
The "largest and most significant challenge to Trump's authority to remake the government without congressional approval," as the coalition called it, was filed April 28 by the organizations' legal team: Democracy Forward, Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and State Democracy Defenders Fund.
Illston's decision came just hours after an emergency hearing, during which coalition attorney Danielle Leonard "said the Trump administration's vision was to fundamentally degrade the services that Congress funds agencies to carry out, raising a profound separation of powers conflict," according to The New York Times.
As the newspaper detailed:
"There's a presumption of regularity that used to exist with respect to the government's actions that I think they need to re-earn," she said.
Ms. Leonard said the Trump administration has never been able to point to any specific authority through which the president could seize that power from Congress. And she said that the government has consistently offered competing and contradictory explanations of why Mr. Trump can authorize the massive restructuring without Congress.
"It's an ouroboros: the snake eating its tail," she said.
Signaling a desire to keep moving through the process swiftly, Illston gave the plaintiff coalition until next Wednesday to file a motion for a preliminary injunction, and the federal defendants—Trump along with various federal agencies and their leaders—until the following Monday to respond, with a limit of 25 pages for both.
Even if the coalition's lawsuit ultimately succeeds, Republicans have a narrow majority in both chambers of Congress, meaning Trump could potentially work with lawmakers to pursue a similar gutting of the federal government before the midterm elections.
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1,000+ 'Hands Off!' Protests Planned Across US Saturday in Mass Mobilization Against Trump
"Immigration. Medicaid. Workers' rights. Unions. Education. You name it—we're drawing the line," wrote one union.
Apr 04, 2025
In what one outlet has reported is slated to be the largest single-day action to resist the Trump administration since U.S. President Donald Trump's return to power, hundreds of thousands of people nationwide are planning to mobilize on Saturday to say: "Hands Off!"
A list of locations for the events, which are not all slated to start at the same time on Saturday, can be found here.
Trump and Musk "think this country belongs to them," according to a website for the Hands Off! events. "This is a nationwide mobilization to stop the most brazen power grab in modern history."
"They want to strip America for parts—shuttering Social Security offices, firing essential workers, eliminating consumer protections, and gutting Medicaid—all to bankroll their billionaire tax scam. They're handing over our tax dollars, our public services, and our democracy to the ultra-rich," according to the website's about page, which also notes nonviolent action is a "core principle" behind the events.
A spokesperson for the events told Common Dreams on Friday afternoon that the events have generated over 500,000 signups nationally, a number that is "growing rapidly," and there are over 1,000 events taking place on Saturday, a number that is "also growing steadily."
The actions are the latest warning sign for the Republican Party under Trump, who has allowed Elon Musk to play a core role in his administration, particularly in the administration's efforts to carry out cuts to federal personnel and spending.
Musk poured millions of dollars into a high-profile Wisconsin Supreme Court election that took place on April 1—helping to make it the most expensive judicial election in U.S. history by one tally—only to have his preferred candidate, judge Brad Schimel, lose.
"This is a huge signal from a battleground state that Americans are genuinely upset, genuinely angry, I think, with Trump and with Musk," said John Nichols, a correspondent for The Nation, when recapping the outcome of the race on Democracy Now!
Dozens of unions, watchdogs, and advocacy groups—such as Service Employees International Union (SEIU), Americans for Tax Fairness, and Accountable.US—are supporting the action as partners.
"People nationwide are rising up at hundreds of events to say one thing loud and clear: Hands Off!" wrote SEIU on the platform X, which is owned by Musk, on Friday. "Immigration. Medicaid. Workers' rights. Unions. Education. You name it—we're drawing the line."
Journalist and veteran climate organizer Bill McKibben wrote on Bluesky: "Expect to see a lot of gray hair at the April 5 Hands Off rallies—we've been organizing like crazy at Third Act," a group he co-founded that mobilizes Americans over the age of 60.
In early February, anti-Trump "Movement 50501" protests took place nationwide and protestors united under the slogan #TakedownTesla have also targeted Tesla, Musk's electric vehicle company, in recent weeks.
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