Filed Date: Jan. 20, 2025
Case Ongoing
Clearinghouse coding complete
On the day of his inauguration, Donald Trump issued an Executive Order altering the structuring of hiring and retaining employees within federal agencies in such a way that would give the President more ability to fire career civil servants and hire partisan employees in their stead.
In response, on January 20, 2025, the National Treasury Employees Union, a labor union representing federal employees in 37 agencies and departments, brought this lawsuit, alleging that the executive order exceeded statutory authority, violated the Administrative Procedures Act, and violated the due process rights of federal employees under the Fifth and Fourteenth Amendments. The plaintiff challenged Executive Order 14171, titled "Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce," which sought to reclassify thousands of federal employees as at-will workers under the controversial "Schedule F" designation. The plaintiff argued that the executive order violated the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. The order closely mirrored and expanded upon a previously rescinded Trump-era directive, Executive Order 13957 (October 21, 2020), which had attempted a similar reclassification before being revoked in 2021.
The lawsuit named as defendants President Trump, Acting Director of the Office of Personnel Management, Senior Official Performing the Duties of Commissioner of U.S. Customs and Border Protection, Acting Commissioner of the Internal Revenue Service, Acting Secretary of Health and Human Services, and Acting Chair of the Securities and Exchange Commission. Represented by in-house counsel and public interest attorneys, the plaintiff sought declaratory and injunctive relief to prevent implementation of Schedule F, arguing that the executive order unlawfully bypassed congressional protections for career federal employees.
The case was assigned to Judge Jia M. Cobb, who ordered the defendants to file an answer to the complaint by July 7. However, on June 27, at the request of the parties, the judge stayed the case pending the issuance of a final rule by the agency. Judge Cobb ordered the parties to file a status report within 120 days, informing the court of the expected timeline for the proposed rule and outlining how the parties wished to proceed with the case.
The case remains active and ongoing.
Summary Authors
Karma Karira (2/4/2025)
American Federation of Government Employees v. Trump, District of District of Columbia (2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69560537/parties/national-treasury-employees-union-v-trump/
Giles, Allison Conrey (District of Columbia)
Shah, Paras N. (District of Columbia)
Wilson, Julie M. (District of Columbia)
Altabet, Jason (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69560537/national-treasury-employees-union-v-trump/
Last updated July 16, 2025, 7:47 p.m.