Judge pauses Trump’s effort to reduce the size of the federal government

A federal judge in California on Friday temporarily blocked plans for reductions-in-force and reorganization at 21 departments and agencies across the federal government, a significant setback as the Trump administration works to downsize. 

“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,” Judge Susan Illston wrote in her order after hearing arguments on the issue earlier in the day.

“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,” she wrote.

The temporary restraining order, in effect for two weeks, puts the president’s “Department of Government Efficiency” Workforce Optimization Initiative on hold for 21 departments and agencies. The order also includes memos issued to the same effect by the Office of Personnel Management and DOGE. 

Illston, appointed by President Bill Clinton, said she believes there’s no statute that gives the Office of Personnel Management, the Office of Management and Budget, or DOGE the authority to direct other federal agencies to engage in large-scale terminations, restructuring, or elimination of itself. “Such action is far outside the bounds of any authority that Congress vested in OPM or OMB, and, as noted, DOGE has no statutory authority whatsoever,” she wrote.

While thousands of federal employees working in departments and agencies across the country have been RIF’ed since Trump took office in January, the Trump administration has not made an exact number of affected employees available. 

The departments and agencies blocked from instituting reductions-in-force or reorganizations include DOGE, the Office of Management and Budget, the Office of Personnel Management, and the Departments of Housing and Urban Development, Interior and Transportation.

The Trump administration argued the lawsuit, filed April 28, lacked timeliness because the Executive Order was issued nearly three months ago. In similar cases around the country, the administration has argued lawsuits filed immediately after Executive Orders were issued are premature. “Defendants cannot have it both ways,” Judge Illston wrote. “The Court finds that plaintiffs reasonably waited to gather what information they could about the harm they may suffer from the Executive Order, the OMB/OPM Memorandum, and the ARRPs (Agency RIF and Reorganization Plans).”

“The Trump administration’s unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation,” the coalition of non-profits, unions, and local governments said in a statement Friday.

“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. We are gratified by the court’s decision today to pause these harmful actions while our case proceeds.” 

Illston is scheduled to hear further arguments in this case on May 22.

The White House did not immediately respond to request for comment. 

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