Filed Date: Feb. 6, 2025
Case Ongoing
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This case challenges the Trump Administration's policy stripping career civil servants of employment protections. On February 6, 2025, the Government Accountability Project (GAP) and the National Active and Retired Federal Employees Association (NARFE) filed a lawsuit in the United States District Court for the District of Columbia against the United States Office of Personnel Management (OPM) and President Donald J. Trump. The plaintiffs, represented by The Protect Democracy Project and Selendy Gay PLLC, sought to prevent the enforcement of Executive Order No. 14171 (the “2025 Executive Order”), which reinstated and amended Executive Order No. 13957. The plaintiffs claimed that these executive orders exceeded President Trump’s authority to issue, unlawfully stripped career civil servants of employment protections, violated the Civil Service Reform Act (CSRA) of 1978, were not compliant with Notice and Comment procedure under the APA, and infringed on their Fifth Amendment Due Process rights. They sought injunctive relief and a declaratory judgment.
For over a century, federal law has safeguarded the civil service from political interference, ensuring that government employees serve based on merit rather than political loyalty. In 2020, then-President Trump issued Executive Order No. 13957, which sought to reclassify a broad category of civil service employees into a new at-will employment category called Schedule F, effectively removing their statutory job protections. President Biden revoked this order in 2021. On January 20, 2025, however, President Trump issued Executive Order No. 14171, reinstating and modifying the 2020 order. The new order created Schedule P/C, a designation that would strip civil servants of protections and allow for mass dismissals based on political considerations. On January 27, 2025, Acting OPM Director Charles Ezell issued the “2025 OPM Guidance,” instructing federal agencies to implement the executive orders and begin identifying positions to transfer into Schedule P/C.
Plaintiffs argued the executive orders and OPM’s guidance violated the CSRA, the Fifth Amendment’s Due Process Clause, the Administrative Procedure Act (APA). They also claimed the administration unlawfully circumvented established rulemaking procedures by attempting to revoke existing regulations without notice and comment. In addition to seeking injunctive relief, the Plaintiffs sought a judgment declaring the 2025 OPM Guidance’s direction, Section 4 of the Amended 2020 Executive Order, and Section 4 of the 2025 Executive Order unlawful and in violation of the Fifth Amendment. They requested the Court vacate all provisions of the Executive Orders and enjoin the Defendants from implementing or enforcing the Orders.
Summary Authors
Jillian Snyman (2/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69617919/parties/government-accountability-project-v-united-states-office-of-personnel/
Chase, Sarah Wightman (District of Columbia)
Dunlap, Andrew Riggs (District of Columbia)
Lev, Ori (District of Columbia)
Altabet, Jason (District of Columbia)
Bell, Kevin (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69617919/government-accountability-project-v-united-states-office-of-personnel/
Last updated April 21, 2025, 4:13 p.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: Feb. 6, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff Government Accountability Project (“GAP”) is an independent, nonpartisan, and non-profit organization that promotes corporate and government accountability by protecting whistleblowers, advancing occupational free speech, and empowering citizen activists. GAP’s mission is to provide a safe, effective voice for employees who use free speech rights to challenge abuses of power that betray the public trust. Plaintiff National Active and Retired Federal Employees Association (“NARFE”) is a non-profit organization whose mission is to promote the general welfare of current federal civilian employees and federal retirees and their survivors, to advise and assist them with respect to their federal benefits, to represent their interests before appropriate authorities, and to support legislation and regulations beneficial to such employees and retirees and oppose those detrimental to their interests.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Office of Personnel Management, Federal
Defendant Type(s):
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: