Judge rubbishes DOGE over efforts to fire federal workers

President Donald Trump listens as Elon Musk speaks during a campaign rally at the Butler Farm Show, Saturday, Oct. 5, 2024, in Butler, Pa. (AP Photo/Julia Demaree Nikhinson, File).

On Friday, a judge in San Francisco halted the Trump administration’s attempts to implement sweeping changes to the federal government and dismiss a significant number of federal employees.

U.S. District Judge Susan Illston, appointed by Bill Clinton, issued a 42-page order for a temporary restraining order in favor of a coalition of labor unions, nonprofit organizations, and municipal groups.

The underlying litigation challenges President Donald Trump‘s Feb. 11, executive order: “Implementing The President’s ‘Department Of Government Efficiency’ Workforce Optimization Initiative.” The order purports to “commence” a “critical transformation of the Federal bureaucracy” by “eliminating waste, bloat, and insularity.”

In real terms, Trump’s plans would have administrative agency heads quickly “initiate large-scale reductions in force” (RIFs), or massive layoffs, in service of the goal to restructure the government.

On Friday, the court pumped the brakes on those efforts.

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In the 115-page original petition, the plaintiffs allege various separations of powers violations – arguing Trump’s order unconstitutionally oversteps into areas reserved for Congress. The complaint also alleges numerous violations of the Administrative Procedure Act (APA), the broad statute governing agency actions.

The court, in issuing the temporary pause on firing, said the plaintiffs were likely to succeed on “at least some” of their claims.

“It is the prerogative of presidents to pursue new policy priorities and to imprint their stamp on the federal government,” Illston muses. “But to make large-scale overhauls of federal agencies, any president must enlist the help of his co-equal branch and partner, the Congress.”

In the present case, however, the court expressed severe misgivings with how the Trump administration tried to achieve its aims.

One of the key problems, Illston observed, was tasking three agencies and offices – the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), and the Department of Government Efficiency (DOGE) – with most of the heavy lifting. In the litigation, the plaintiffs single out specific memos by OPM and OMB and the widely-publicized – and often self-trumpeted – actions undertaken by DOGE as “unconstitutional and unlawful orders” as part of what they referred to as Trump’s “radical transformation.”

The court finds that neither OPM nor OMB have any statutory authority to terminate employees – aside from their own internal employees – “or to order other agencies to downsize” or to restructure other agencies. And, as far as the Elon Musk-led agency is concerned, the judge is withering: “As plaintiffs rightly note, DOGE ‘has no statutory authority at all.””

“In sum, no statute gives OPM, OMB, or DOGE the authority to direct other federal agencies to engage in large-scale terminations, restructuring, or elimination of itself,” Illston writes. “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.”

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