Case: American Federation of Government Employees, AFL-CIO v. Kupor

1:25-cv-13305 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 6, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 6, 2025, three major federal employee unions, including the American Federation of Government Employees AFL-CIO, filed suit in the District of Massachusetts against the Office of Personnel Management and its director, alleging that the Trump Administration’s new “Merit Hiring Plan” unlawfully conditions federal employment on political loyalty to the President, undermining the century-old merit-based civil service system. The plaintiffs—AFGE, AFSCME, and NAGE—filed this complaint cha…

The plaintiffs—AFGE, AFSCME, and NAGE—filed this complaint challenging OPM’s “Merit Hiring Plan” (MHP), implemented in May 2025 under Executive Order 14170. The MHP requires that all federal job postings for positions graded GS-5 or higher include four open-ended essay questions, one of which—dubbed the “Loyalty Question”—asks applicants to explain how they would “help advance the President’s Executive Orders and policy priorities” and to identify initiatives they find “significant.” The unions argue that this question violates the First Amendment and federal civil service laws by compelling applicants to express political beliefs, chilling dissenting speech, and enabling viewpoint discrimination in hiring.

According to the complaint, the MHP and subsequent OPM guidance effectively reintroduce political patronage into civil service hiring by allowing politically appointed agency leaders to review applicants’ responses. The plaintiffs contend this system forces jobseekers either to profess allegiance to the administration’s agenda or risk disqualification, in violation of constitutional protections established in Elrod v. Burns, Branti v. Finkel, and Rutan v. Republican Party of Illinois. The unions also alleged that OPM’s actions are arbitrary and capricious under the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A), contrary to constitutional right under § 706(2)(B), and not in accordance with law under § 706(2)(A) due to violations of the Privacy Act, 5 U.S.C. §§ 552a(e)(1), (e)(7). They argue that the agency failed to provide a reasoned explanation for using political loyalty as a hiring factor, contradicting statutory merit system principles in 5 U.S.C. § 2301.

The plaintiffs requested that the Court grant declaratory and injunctive relief setting aside the Merit Hiring Plan and permanently barring the government from including or using the Loyalty Question in any federal job application process.

On November 19, 2025, plaintiffs moved for a preliminary injunction and for a stay of the Merit Hiring Plan pursuant to 5 U.S.C. § 705. The motion seeks to immediately halt implementation of the Loyalty Question and related hiring practices while the litigation is pending. In support, plaintiffs filed a memorandum of law and extensive evidentiary materials, including affidavits from union leadership and current federal employees, as well as numerous documentary exhibits describing the structure and implementation of the Merit Hiring Plan. Several affidavits were submitted by federal workers who attested to chilling effects on speech and concerns about political retaliation in federal hiring.

The case remains ongoing, with the motion for a preliminary injunction and stay pending before the court.

Summary Authors

Jack Buckfire (12/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71884278/parties/american-federation-of-government-employees-afl-cio-v-kupor/

Attorney for Plaintiff

Blumin, Matthew Stark (Massachusetts)

Braunig, Warren Andrew (Massachusetts)

Goldstein, Elena (Massachusetts)

Hoshijima, Tsuki (Massachusetts)

Kamai, Charlotte (Massachusetts)

Attorney for Defendant

Attorney for Plaintiff

Blumin, Matthew Stark (Massachusetts)

Braunig, Warren Andrew (Massachusetts)

Goldstein, Elena (Massachusetts)

Hoshijima, Tsuki (Massachusetts)

Kamai, Charlotte (Massachusetts)

Lev, Ori (Massachusetts)

Lyons, Webb (Massachusetts)

Meyer, Cara (Massachusetts)

Pruski, Jacek (Massachusetts)

Sanghvi, Rushab (Massachusetts)

Suszczyk, Sarah Elizabeth (Massachusetts)

Attorney for Defendant

Underwood, Ryan (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-13305	Complaint American Federation of Government Employees v. Kupor	Nov. 6, 2025	Nov. 6, 2025 Complaint
39 1:25-cv-13305	Preliminary Motion for Stay Under 5 U.S.C. § 705 and for Preliminary Injunction American Federation of Government Employees v. Kupor	Nov. 19, 2025	Nov. 19, 2025 Pleading / Motion / Brief
40 1:25-cv-13305	Memorandum of Points and Authorities in Support of Motion for Stay Under 5 U.S.C. § 705 and For Preliminary Injunction American Federation of Government Employees v. Kupor	Nov. 19, 2025	Nov. 19, 2025 Pleading / Motion / Brief
57 1:25-cv-13305	Defendants’ Memorandum Of Law In Opposition To Plaintiffs’ Motion For Preliminary Injunction And For Stay Under American Federation of Government Employees, AFL-CIO et al. v. Kupor et al.	Dec. 3, 2025	Dec. 3, 2025 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Executive Order 14170 Donald J. Trump	Reforming the Federal Hiring Process and Restoring Merit to Government Service	January 20, 2025	https://www.presidency.ucsb.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71884278/american-federation-of-government-employees-afl-cio-v-kupor/

Last updated Aug. 21, 2026, 3:51 a.m.

Docket for: American Federation of Government Employees, AFL-CIO v. Kupor

ECF Number	Date	Description	Link
1	Nov. 6, 2025	COMPLAINT against The United States of America, Scott Kupor, Office of Personnel Management Filing fee: $ 405, receipt number AMADC-11345230 (Fee Status: Filing Fee paid), filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Category Form)(Hoshijima, Tsuki) (Entered: 11/06/2025) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Civil Cover Sheet View on RECAP 7 Category Form View on RECAP	Clearinghouse
2	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Stark Blumin Filing fee: $ 125, receipt number AMADC-11345271 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
3	Nov. 6, 2025	ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (LBO) (Entered: 11/06/2025)	RECAP
4	Nov. 6, 2025	Summons Issued as to Scott Kupor, Office of Personnel Management, The United States of America. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (FGD) (Entered: 11/06/2025)	RECAP
5	Nov. 6, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 2 Motion for Leave to Appear Pro Hac Vice Added Matthew Stark Blumin. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (FGD) (Entered: 11/06/2025)	RECAP
6	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Sarah Suszczyk Filing fee: $ 125, receipt number AMADC-11345847 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025) 1 Declaration View on PACER	RECAP
7	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Rushab Sanghvi Filing fee: $ 125, receipt number AMADC-11345854 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
8	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Jacek Pruski Filing fee: $ 125, receipt number AMADC-11345856 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
9	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Cara R. Meyer Filing fee: $ 125, receipt number AMADC-11345861 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
10	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Webb Lyons Filing fee: $ 125, receipt number AMADC-11345863 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
11	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Ori Lev Filing fee: $ 125, receipt number AMADC-11345864 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
12	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Charlotte J. Kamai Filing fee: $ 125, receipt number AMADC-11345865 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
13	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Elena Goldstein Filing fee: $ 125, receipt number AMADC-11345867 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
14	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Sara R. Fitzpatrick Filing fee: $ 125, receipt number AMADC-11345869 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
15	Nov. 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Warren A. Braunig Filing fee: $ 125, receipt number AMADC-11345873 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Declaration)(Hoshijima, Tsuki) (Entered: 11/06/2025)	RECAP
	Nov. 6, 2025	Order on Motion for Leave to Appear
	Nov. 6, 2025	Notice of Case Assignment
16	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to Appear Pro Hac Vice Added Sarah Suszczyk. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (FGD) (Entered: 11/07/2025)	RECAP
17	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Rushab Sanghvi. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (FGD) (Entered: 11/07/2025)	RECAP
18	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 8 Motion for Leave to Appear Pro Hac Vice Added Jacek Pruski. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
19	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 9 Motion for Leave to Appear Pro Hac Vice Added Cara R. Meyer. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
20	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 10 Motion for Leave to Appear Pro Hac Vice Added Webb Lyons. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
21	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 11 Motion for Leave to Appear Pro Hac Vice Added Ori Lev. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
22	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 12 Motion for Leave to Appear Pro Hac Vice Added Charlotte J. Kamai. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (FGD) (Entered: 11/07/2025)	RECAP
23	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 13 Motion for Leave to Appear Pro Hac Vice Added Elena Goldstein. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (FGD) (Entered: 11/07/2025)	RECAP
24	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 14 Motion for Leave to Appear Pro Hac Vice Added Sara R. Fitzpatrick. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
25	Nov. 7, 2025	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 15 Motion for Leave to Appear Pro Hac Vice Added Warren A. Braunig. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 11/07/2025)	RECAP
	Nov. 7, 2025	Order on Motion for Leave to Appear
26	Nov. 12, 2025	NOTICE of Appearance by Ori Lev on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Lev, Ori) (Entered: 11/12/2025)	RECAP
27	Nov. 13, 2025	NOTICE of Appearance by Sarah Elizabeth Suszczyk on behalf of National Association of Government Employees, Inc. (Suszczyk, Sarah) (Entered: 11/13/2025)	RECAP
28	Nov. 13, 2025	NOTICE of Appearance by Rushab Sanghvi on behalf of American Federation of Government Employees, AFL-CIO (Sanghvi, Rushab) (Entered: 11/13/2025)	RECAP
29	Nov. 13, 2025	NOTICE of Appearance by Matthew Stark Blumin on behalf of American Federation of State, County and Municipal Employees, AFL-CIO (Blumin, Matthew) (Entered: 11/13/2025)	RECAP
30	Nov. 14, 2025	NOTICE of Appearance by Jacek Pruski on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Pruski, Jacek) (Entered: 11/14/2025)	RECAP
31	Nov. 17, 2025	NOTICE of Appearance by Charlotte Kamai on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Kamai, Charlotte) (Entered: 11/17/2025)	RECAP
32	Nov. 17, 2025	Consent MOTION for Leave to File Excess Pages by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc..(Kamai, Charlotte) (Entered: 11/17/2025)	RECAP
33	Nov. 17, 2025	MOTION for Leave to File Nonparty Declarations Under Pseudonyms by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Proposed Order)(Kamai, Charlotte) (Entered: 11/17/2025)	RECAP
34	Nov. 17, 2025	DECLARATION re 33 MOTION for Leave to File Nonparty Declarations Under Pseudonyms by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Kamai, Charlotte) (Entered: 11/17/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER	RECAP
35	Nov. 17, 2025	NOTICE of Appearance by Elena Goldstein on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Goldstein, Elena) (Entered: 11/17/2025)	RECAP
36	Nov. 17, 2025	NOTICE of Appearance by Warren Andrew Braunig on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Braunig, Warren) (Entered: 11/17/2025)	RECAP
37	Nov. 17, 2025	NOTICE of Appearance by Cara Meyer on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Meyer, Cara) (Entered: 11/17/2025)	RECAP
38	Nov. 18, 2025	NOTICE of Appearance by Edward Webb Lyons on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Lyons, Edward) (Entered: 11/18/2025)	RECAP
39	Nov. 19, 2025	MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc..(Braunig, Warren) (Entered: 11/19/2025)	Clearinghouse
40	Nov. 19, 2025	MEMORANDUM in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Main Document 40 replaced on 11/20/2025) (FGD). (Entered: 11/19/2025)	Clearinghouse
41	Nov. 19, 2025	Proposed Document(s) submitted by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. Document received: Proposed Order Granting Motion for Stay Under 5 U.S.C. 705 and for Preliminary Injunction 39 . (Braunig, Warren) (Entered: 11/19/2025)	RECAP
42	Nov. 19, 2025	Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered GRANTING 32 Motion for Leave to File Excess Pages; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (JMF) (Entered: 11/19/2025)	RECAP
43	Nov. 19, 2025	AFFIDAVIT of Cara R. Meyer in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Braunig, Warren) (Entered: 11/19/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER	RECAP
44	Nov. 19, 2025	AFFIDAVIT of Everett Kelley in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
45	Nov. 19, 2025	AFFIDAVIT of Lee Sutton in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
46	Nov. 19, 2025	AFFIDAVIT of Fernando Colon in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
47	Nov. 19, 2025	AFFIDAVIT of Federal Worker 1 in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
48	Nov. 19, 2025	AFFIDAVIT of Federal Worker 2 in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
49	Nov. 19, 2025	AFFIDAVIT of Federal Worker 3 in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
50	Nov. 19, 2025	AFFIDAVIT of Federal Worker 4 in Support re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 11/19/2025)	RECAP
	Nov. 19, 2025	Order on Motion for Leave to File Excess Pages
51	Nov. 20, 2025	SUMMONS Returned Executed as to US Attorney by American Federation of Government Employees, AFL-CIO, National Association of Government Employees, Inc., American Federation of State, County and Municipal Employees, AFL-CIO. Scott Kupor served on 11/10/2025, answer due 1/9/2026; Office of Personnel Management served on 11/10/2025, answer due 1/9/2026; The United States of America served on 11/10/2025, answer due 1/9/2026. (Hoshijima, Tsuki) (Entered: 11/20/2025)	RECAP
52	Nov. 20, 2025	SUMMONS Returned Executed (Hoshijima, Tsuki) (Entered: 11/20/2025)	RECAP
53	Nov. 20, 2025	SUMMONS Returned Executed (Hoshijima, Tsuki) (Entered: 11/20/2025)	RECAP
54	Nov. 20, 2025	SUMMONS Returned Executed (Hoshijima, Tsuki) (Entered: 11/20/2025)	RECAP
55	Nov. 20, 2025	SUMMONS Returned Executed by American Federation of Government Employees, AFL-CIO, National Association of Government Employees, Inc., American Federation of State, County and Municipal Employees, AFL-CIO. (Hoshijima, Tsuki) (Entered: 11/20/2025)	RECAP
56	Nov. 24, 2025	NOTICE of Appearance by Ryan Underwood on behalf of Scott Kupor, Office of Personnel Management, The United States of America (Underwood, Ryan) (Entered: 11/24/2025)	RECAP
57	Dec. 3, 2025	RESPONSE to Motion re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by Scott Kupor, Office of Personnel Management, The United States of America. (Underwood, Ryan) (Entered: 12/03/2025)	Clearinghouse
58	Dec. 10, 2025	MOTION for Leave to File a Reply Brief - Dkt. 57 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Exhibit A)(Braunig, Warren) (Entered: 12/10/2025)	RECAP
59	Jan. 6, 2026	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 58 MOTION for Leave to File a Reply Brief. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 01/06/2026)	RECAP
60	Jan. 6, 2026	REPLY to Response to 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Braunig, Warren) (Entered: 01/06/2026)	RECAP
	Jan. 6, 2026	Order on Motion for Leave to File Document
61	Jan. 14, 2026	Plaintiffs' Letter/request (non-motion) for Status Conference. (Braunig, Warren) (Entered: 01/14/2026)	RECAP
62	Jan. 16, 2026	NOTICE of Withdrawal of Appearance by Cara Meyer (Meyer, Cara) (Entered: 01/16/2026)	RECAP
63	Jan. 23, 2026	ELECTRONIC NOTICE Setting Hearing on Motion 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 : Motion Hearing set for 2/25/2026 02:00 PM in Courtroom 22 (In person only) before Judge George A. O'Toole Jr.. (JMF) (Entered: 01/23/2026)	RECAP
64	Jan. 23, 2026	STIPULATION and Motion by Scott Kupor, Office of Personnel Management, The United States of America. (Underwood, Ryan) (Entered: 01/23/2026)	RECAP
65	Jan. 23, 2026	Assented to MOTION for Extension of Time to File Answer by Scott Kupor, Office of Personnel Management, The United States of America.(Underwood, Ryan) (Entered: 01/23/2026)	RECAP
	Jan. 23, 2026	Notice Setting or Resetting Hearing on Motion
66	Feb. 4, 2026	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING the defendants’ Assented-to Motion for an Extension of Time Nunc Pro Tunc to File an Answer (dkt. no. 65 ) and GRANTING the parties’ Joint Stipulation and Motion (dkt. no. 64 ). See Fed. R. Civ. P. 6(b). The defendants shall answer or respond to the complaint (dkt. no. 1 ) no later than thirty days after this Court enters an order resolving the plaintiffs’ Motion for a Preliminary Injunction and for a Stay under 5 U.S.C. § 705 (dkt. no. 39 ). (FGD) (Entered: 02/04/2026)	RECAP
	Feb. 4, 2026	Order on Motion for Extension of Time to Answer
67	Feb. 18, 2026	MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction to March 2, 2026; March 3, 2026; or March 9 through March 13, 2026 by Scott Kupor, Office of Personnel Management, The United States of America.(Underwood, Ryan) (Entered: 02/18/2026)	RECAP
68	Feb. 23, 2026	Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered GRANTING 67 Motion to Continue. (JMF) (Entered: 02/23/2026)	RECAP
69	Feb. 23, 2026	ELECTRONIC NOTICE Resetting Hearing on Motion. 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 : Motion Hearing reset for 3/11/2026 02:00 PM in Courtroom 22 (In person only) before Judge George A. O'Toole Jr.. (JMF) (Entered: 02/23/2026)	RECAP
	Feb. 23, 2026	Notice Setting or Resetting Hearing on Motion
	Feb. 23, 2026	Order on Motion to Continue
70	March 11, 2026	Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole, Jr: Motion Hearing held on 3/11/2026 re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705 filed by American Federation of Government Employees, AFL-CIO, National Association of Government Employees, Inc., American Federation of State, County and Municipal Employees, AFL-CIO. Counsel for Plaintiffs and Defendants present. Arguments held re 39 MOTION for Preliminary Injunction and for Stay Under 5 USC § 705. Matter taken under advisement. (Court Reporter: Jessica Bisaillon at jsteno99@gmail.com.) (Attorneys present: W. Braunig and W. Lyons for the Plaintiffs; R. Underwood for the Defendants.) (JMF) (Entered: 03/11/2026)	RECAP
	March 11, 2026	Motion Hearing
71	March 18, 2026	Transcript of Proceedings held on March 11, 2026, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Jessica Bisaillon at jsteno99@gmail.com. Redaction Request due 4/8/2026. Redacted Transcript Deadline set for 4/20/2026. Release of Transcript Restriction set for 6/16/2026. (DRK) (Entered: 03/18/2026)	RECAP
72	March 18, 2026	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 03/18/2026)	RECAP
	March 18, 2026	Notice of Filing of Official Transcript
73	April 27, 2026	NOTICE of Withdrawal of Appearance by Jacek Pruski (Pruski, Jacek) (Entered: 04/27/2026)	RECAP
74	April 27, 2026	NOTICE by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. Plaintiffs Notice of Supplemental Facts (Braunig, Warren) (Entered: 04/27/2026)	RECAP
75	April 27, 2026	DECLARATION re 74 Notice (Other), of Ori Lev by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Braunig, Warren) (Entered: 04/27/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP	RECAP
76	May 1, 2026	Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Construing 73 Notice of Withdrawal by Attorney Pruski as a motion for leave to withdraw, the request is granted. See L.R. 83.5.2(c)(1)(A). (FGD) (Entered: 05/01/2026)	RECAP
	May 1, 2026	Order
77	May 4, 2026	Response by Scott Kupor, Office of Personnel Management, The United States of America to 74 Notice (Other), Plaintiffs Notice of Supplemental Facts. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Underwood, Ryan) (Entered: 05/04/2026) 1 Exhibit A View on PACER 2 Exhibit B View on RECAP	RECAP
78	May 4, 2026	DECLARATION re 77 Response of Noah Peters by Scott Kupor, Office of Personnel Management, The United States of America. (Underwood, Ryan) (Entered: 05/04/2026)	RECAP
79	June 8, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Sana Singh Filing fee: $ 125, receipt number AMADC-11801815 by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc.. (Attachments: # 1 Decl ISO PHV)(Hoshijima, Tsuki) (Entered: 06/08/2026)	RECAP
80	June 9, 2026	Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING 79 Motion for Leave to Appear Pro Hac Vice Added Sana A. Singh. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 06/09/2026)	RECAP
	June 9, 2026	Order on Motion for Leave to Appear
81	June 11, 2026	NOTICE of Appearance by Sana Singh on behalf of American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. (Singh, Sana) (Entered: 06/11/2026)	RECAP
82	June 15, 2026	NOTICE by American Federation of Government Employees, AFL-CIO, American Federation of State, County and Municipal Employees, AFL-CIO, National Association of Government Employees, Inc. of Filing of Petition for Writ of Mandamus (Attachments: # 1 Exhibit A - Petition for Writ of Mandamus)(Braunig, Warren) (Entered: 06/15/2026) 1 Exhibit A - Petition for Writ of Mandamus View on RECAP	RECAP
83	June 26, 2026	JUDGMENT of USCA on Petition for Mandamus. (FGD) (Entered: 06/29/2026)	RECAP
84	July 31, 2026	Judge George A. OToole, Jr: ORDER entered. OPINION AND ORDER. (FGD)	RECAP

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Appointments/Civil Service

Key Dates

Filing Date: Nov. 6, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

American Federation of Government Employees (AFGE), American Federation of State, County and Municipal Employees (AFSCME), and National Association of Government Employees (NAGE)

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Separation of Powers

Other Dockets:

District of Massachusetts 1:25-cv-13305

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Content/viewpoint discrimination

Hiring

Presidential/Gubernatorial Authority:

Civil Service

Recommended Citation

Case Summary of American Federation of Government Employees, AFL-CIO v. Kupor, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47255/ (last updated 12/15/2025).