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On Monday, the administration of President Donald Trump appealed to the U.S. Supreme Court with a request to overturn a judicial order preventing mass layoffs and restructuring within various federal agencies. This action is part of the ongoing effort by the Republican president to reduce and reconfigure the federal government.
The Justice Department’s request came after U.S. District Judge Susan Illston, based in San Francisco, blocked large-scale federal layoffs, known as “reductions in force.” This decision on May 22 sided with a coalition of unions, non-profit groups, and local governments that had challenged the administration. This case involves several U.S. Departments, including Agriculture, Commerce, Health and Human Services, State, Treasury, and Veterans Affairs.
The Justice Department argues that managing federal agency personnel is an integral part of the president’s executive branch authority. “The Constitution does not erect a presumption against presidential control of agency staffing, and the president does not need special permission from Congress to exercise core Article II powers,” stated the filing. The Supreme Court has requested a response from the plaintiffs to the administration’s filing by June 9.
In February, Trump directed federal agencies to “promptly undertake preparations to initiate large-scale reductions in force” as part of his administration’s restructuring plans. Judge Illston, however, ruled that Trump had exceeded his authority in ordering these downsizing measures. “As history demonstrates, the president may broadly restructure federal agencies only when authorized by Congress,” Illston wrote.
The 9th U.S. Circuit Court of Appeals, also based in San Francisco, denied the Trump administration’s request to halt Judge Illston’s ruling in a 2-1 decision on May 30. The administration, they stated, had not proven that it would suffer irreparable harm if the judge’s order stayed in effect and that the plaintiffs were likely to succeed in their lawsuit.
Reports indicate that the Trump administration has increasingly sought relief from the Supreme Court following rulings by lower courts that have hindered various policies since he returned to office in January.
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