A federal judge extended on Thursday a temporary block on a bid by President Donald Trump’s administration to lay off hundreds of thousands of federal employees, saying he needed permission from Congress before restructuring the US government.
In her order, US District Judge Susan Illston barred agencies from mass layoffs, a key piece of Trump’s plans to downsize or eliminate many federal agencies, pending the outcome of a lawsuit by unions, nonprofits and municipalities.
On May 9, Illston had blocked about 20 agencies from making mass layoffs for two weeks and ordered the reinstatement of workers who had already lost their jobs.
In Thursday’s order, she largely continued the relief provided in the temporary restraining order, with some refinement.
The administration has asked the US Supreme Court to pause Illston’s temporary ruling, saying she improperly infringed on Trump’s constitutional powers to control the executive branch.
That bid is likely to be moot after Thursday’s ruling, which the Trump administration can immediately appeal.
Federal agencies have broad authority to implement large-scale layoffs government lawyer Andrew Bernie said at Thursday’s hearing.
Trump’s executive order merely asked agencies to determine what cuts can be made without calling for any concrete actions such as layoffs or office closures that plaintiffs could sue over at this point, he added.
“Those decisions will be disclosed when they are made, and when they are made, the plaintiffs can challenge them. Indeed, the plaintiffs have challenged individual decisions,” Bernie said, citing pending lawsuits over cuts at the departments of Education, Health and Human Services and Homeland Security.
Danielle Leonard, who represented the plaintiffs, said directives from Trump and other White House officials made clear that agencies had little say in whether to gut their workforces.
“They are saying what to cut, when to cut, where to cut, and all they’re asking the agencies to do is come forward with a plan,” she said.
The case involves the departments of agriculture, health and human services, treasury, commerce, state and veterans affairs, among others.
Trump has urged agencies to eliminate duplicative roles, unnecessary management layers, and non-critical jobs while automating routine tasks, closing regional offices and cutting back on outside contractors.
About 260,000 federal workers, most of whom have taken buyouts, have left or will leave by the end of September. And several agencies have been earmarked for deep cuts, such as more than 80,000 jobs at the Department of Veterans Affairs and 10,000 at the Department of Health and Human Services.
Dozens of lawsuits have challenged the administration’s efforts, and Illston’s earlier ruling this month was the broadest yet of its kind.
An appeals court has paused another judge’s March ruling requiring agencies to reinstate nearly 25,000 probationary employees, who typically have been in their current roles for less than a year or two.