Case: National Nurses United v. Robert F. Kennedy, Jr.

1:25-cv-01538 | U.S. District Court for the District of District of Columbia

Filed Date: May 14, 2025

Case Ongoing

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Case Summary

This case challenged actions by the Department of Health and Human Services to eliminate the National Institute for Occupational Safety and Health (NIOSH). On May 14, 2025, thirteen labor organizations--including organizations for nurses, teachers, mine workers, manufacturers, and federal employees--filed this lawsuit in the United States District Court for the District of Columbia against HHS and its Secretary. NIOSH oversees a vast portfolio of research, medical, and investigatory programs and services that protect the safety and health of workers every day in some of the highest-risk industries. NIOSH, which resided within HHS, was assigned specific responsibilities by Congress, such as establishing the National Personal Protective Technology Laboratory, performing research on respirators, publishing the NIOSH Pocket Guide to Chemical Hazards, and conducting research into specific workplace hazards, among others.

Shortly after President Trump was sworn into office on January 20, 2025, the Office of Personnel Management announced a voluntary federal resignation program via email, which also informed employees that OPM would not guarantee the continuance of their positions. On March 27, HHS, citing President Trump's executive orders instructing agencies to initiate reductions-in-force (RIFs), announced that it would soon be beginning its own RIF. On April 1, more than 400 (out of around 1,000) employees at NIOSH received notice that their positions would be terminated in June and that they were being placed on administrative leave. On May 2, HHS terminated and placed on administrative leave another 400 employees, with a termination date of July 2. The plaintiffs alleged that between these two RIFs and the resignation program, around 85 percent of NIOSH's workforce was terminated, leaving the agency "decimated."

The plaintiffs alleged that the "dismantling" of NIOSH was ultra vires and a usurpation of legislative authority. The plaintiffs also alleged that the defendants' actions were contrary to multiple statutes, including the OSH Act, various appropriations statutes, the Impoundment Control Act, and the Anti-Deficiency Act; were arbitrary and capricious; and failed to engage in notice and comment rulemaking as required by the Administrative Procedure Act (APA). The plaintiffs asked the court to declare the defendants' actions unlawful, to preliminarily and permanently enjoin the defendants from implementing the RIF, to order the defendants to resume all discontinued NIOSH activities, and to award the plaintiffs court costs.

The case was assigned to District Judge Trevor McFadden.

On July 2, the plaintiffs filed their first amended complaint. The amended complaint made no changes in parties but did focus more particularly on individual NIOSH components that were shut down due to reductions in force. The amended complaint also mentions that while some employees were reinstated in May, NIOSH is still unable to provide the services required by statute. The amended complaint also brings 17 specific counts, creating individual counts for the shutdown of each named NIOSH division/function in addition to the broader shutdown of NIOSH. The requested relief is similarly more specific, requiring injunctive relief for each count.

The case is ongoing.

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Summary Authors

Scott Shuchart (5/20/2025)

Jeremiah Price (6/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70263918/parties/national-nurses-united-v-robert-f-kennedy-jr/

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Ginsburg, Matthew (District of Columbia)

Sansone, Nicolas (District of Columbia)

Attorney for Defendant

Oblea, Erika Kirstie (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Ginsburg, Matthew (District of Columbia)

Sansone, Nicolas (District of Columbia)

Sharma, Maneesh (District of Columbia)

Sheard, Bart (District of Columbia)

Attorney for Defendant

Oblea, Erika Kirstie (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01538	Complaint	May 14, 2025	May 14, 2025 Complaint
26 1:25-cv-01538	First Amended Complaint for Declaratory and Injunctive Relief National Nurses United v. Kennedy	July 2, 2025	July 2, 2025 Complaint

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...
EO 14210 - Implementing the President's "Department of Government Efficiency" Workforce Optimization Initiative President Donald Trump	Requiring that each federal agency head hire no more than one employee for every four employees that depart, except in functions related to public safety, immigration enforcement, or law enforcement;…	Feb. 11, 2025	Feb. 11, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70263918/national-nurses-united-v-robert-f-kennedy-jr/

Last updated Aug. 21, 2025, 4:53 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against ROBERT F. KENNEDY, JR., in his official capacity as Secretary of Health and Human Services, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-11690377) filed by UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL, AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, DENTEC SAFETY SPECIALISTS, CALIFORNIA NURSES ASSOCIATION/NATIONAL NURSES ORGANIZING COMMITTEE, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, NEW YORK STATE NURSES ASSOCIATION, LOCAL 983, DISTRICT COUNCIL 37, AFSCME, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM, NATIONAL NURSES UNITED, AMERICAN FEDERATION OF TEACHERS, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, ASSOCIATION OF OCCUPATIONAL AND ENVIRONMENTAL CLINICS, UNITED MINE WORKERS OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney General, # 3 Summons U.S. Department of Health and Human Services, # 4 Summons Robert F. Kennedy, Jr., # 5 Summons U.S. Attorney's Office)(Sansone, Nicolas) (Entered: 05/14/2025) 1 Civil Cover Sheet View on PACER 2 Summons U.S. Attorney General View on PACER 3 Summons U.S. Department of Health and Human Services View on PACER 4 Summons Robert F. Kennedy, Jr. View on PACER 5 Summons U.S. Attorney's Office View on PACER	May 14, 2025	May 14, 2025 Clearinghouse
2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CALIFORNIA NURSES ASSOCIATION/NATIONAL NURSES ORGANIZING COMMITTEE (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
4	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL NURSES UNITED (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
6	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL, AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
7	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW YORK STATE NURSES ASSOCIATION (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
8	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO (Sansone, Nicolas) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
10	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/15/2025. (lctnm3). (Entered: 05/15/2025)	May 15, 2025	May 15, 2025 PACER
9	SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/15/2025)	May 15, 2025	May 15, 2025 PACER
	Case Assigned/Reassigned	May 15, 2025	May 15, 2025 PACER
	Case Assigned to Judge Trevor N. McFadden. (znmw)	May 15, 2025	May 15, 2025 PACER
11	ENTERED IN ERROR....NOTICE of Appearance by Maneesh Sharma on behalf of NATIONAL NURSES UNITED (Sharma, Maneesh) Modified on 5/20/2025 (zdp). (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
12	NOTICE of Appearance by Matthew Ginsburg on behalf of AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS (Ginsburg, Matthew) Modified docket text on 5/20/2025 (zdp). (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
13	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNITED MINE WORKERS OF AMERICA (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
14	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
15	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOCAL 983, DISTRICT COUNCIL 37, AFSCME (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
16	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FEDERATION OF TEACHERS (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
17	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION OF OCCUPATIONAL AND ENVIRONMENTAL CLINICS (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
18	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DENTEC SAFETY SPECIALISTS (Sansone, Nicolas) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
19	NOTICE of Appearance by Harold Craig Becker on behalf of NATIONAL NURSES UNITED (Becker, Harold) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
20	NOTICE of Appearance by Maneesh Sharma on behalf of NATIONAL NURSES UNITED (Sharma, Maneesh) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
21	NOTICE of Appearance by Bart Sheard on behalf of NATIONAL NURSES UNITED (Sheard, Bart) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
22	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/27/2025. (Attachments: # 1 Exhibit Proof of Service)(Sansone, Nicolas) (Entered: 05/28/2025)	May 28, 2025	May 28, 2025 PACER
23	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/23/2025 (Attachments: # 1 Exhibit Proof of Service)(Sansone, Nicolas) (Entered: 05/28/2025)	May 28, 2025	May 28, 2025 PACER
24	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT F. KENNEDY, JR served on 5/22/2025 (Attachments: # 1 Exhibit Proof of Service)(Sansone, Nicolas) (Entered: 05/28/2025)	May 28, 2025	May 28, 2025 PACER
25	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/27/2025. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2025. (Attachments: # 1 Exhibit Proof of Service)(Sansone, Nicolas) (Entered: 05/28/2025)	May 28, 2025	May 28, 2025 PACER
26	AMENDED COMPLAINT against ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL, AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, DENTEC SAFETY SPECIALISTS, CALIFORNIA NURSES ASSOCIATION/NATIONAL NURSES ORGANIZING COMMITTEE, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, NEW YORK STATE NURSES ASSOCIATION, LOCAL 983, DISTRICT COUNCIL 37, AFSCME, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM, NATIONAL NURSES UNITED, AMERICAN FEDERATION OF TEACHERS, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, ASSOCIATION OF OCCUPATIONAL AND ENVIRONMENTAL CLINICS, UNITED MINE WORKERS OF AMERICA.(Sansone, Nicolas) (Entered: 07/02/2025)	July 2, 2025	July 2, 2025 Clearinghouse
27	NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 07/22/2025)	July 22, 2025	July 22, 2025 PACER
28	MOTION for Extension of Time to File Answer re 26 Amended Complaint,,, or Otherwise Respond by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/22/2025)	July 22, 2025	July 22, 2025 PACER
29	RESPONSE re 28 MOTION for Extension of Time to File Answer re 26 Amended Complaint,,, or Otherwise Respond filed by AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, AMERICAN FEDERATION OF TEACHERS, ASSOCIATION OF OCCUPATIONAL AND ENVIRONMENTAL CLINICS, CALIFORNIA NURSES ASSOCIATION/NATIONAL NURSES ORGANIZING COMMITTEE, DENTEC SAFETY SPECIALISTS, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 983, DISTRICT COUNCIL 37, AFSCME, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM, NATIONAL NURSES UNITED, NEW YORK STATE NURSES ASSOCIATION, UNITED MINE WORKERS OF AMERICA, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL, AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO. (Attachments: # 1 Text of Proposed Order Denying Defendants' Motion, # 2 Text of Proposed Order Granting Defendants' Motion and Ordering Production of the Administrative Record)(Sansone, Nicolas) (Entered: 07/22/2025) 1 Text of Proposed Order Denying Defendants' Motion View on PACER 2 Text of Proposed Order Granting Defendants' Motion and Ordering Production View on PACER	July 22, 2025	July 22, 2025 PACER
	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines	July 22, 2025	July 22, 2025 PACER
	Order on Motion for Extension of Time to Answer	July 22, 2025	July 22, 2025 PACER
	MINUTE ORDER: The 28 Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint is GRANTED IN PART. Answer or Responsive Pleading now due August 20, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/22/2025. (lctnm3).	July 22, 2025	July 22, 2025 PACER
30	Notice of Appearance	July 23, 2025	July 23, 2025 PACER
31	Dismiss AND Miscellaneous Relief 1 Text of Proposed Order View on RECAP	Aug. 20, 2025	Aug. 20, 2025 RECAP