Update: On July 8, the Supreme Court lifted a lower court decision blocking the Trump administration from implementing an executive order reducing the size of the federal workforce. In the emergency appeal, the Supreme Court issued an unsigned decision which sided with the Trump administration that the executive order is likely lawful. The Supreme Court’s decision did not address the legality of any reduction in force (“RIF”) plans that were implemented because of the executive order. However, the Court’s decision does mean that Trump and his agency leadership can proceed with layoff plans across 19 federal agencies, even while litigation is ongoing to determine whether or not it is legal for them to do so. Justice Ketanji Brown Jackson, in her solo dissent, criticized the current Supreme Court’s “demonstrated enthusiasm for greenlighting this president’s legally dubious actions in an emergency posture.”
Timeline
May 30, 2025 – The U.S. Court of Appeals for the Ninth Circuit rejected the Trump administration’s request to block the May 22 injunction.
May 22, 2025 – A federal judge issued a preliminary injunction blocking the Trump administration’s executive order reducing the size of the federal workforce.
May 9, 2025 – A federal judge issued a temporary restraining order blocking the Trump administration’s executive order reducing the size of the federal workforce.
April 28, 2025 – A coalition of labor unions, nonprofits, and local governments filed a lawsuit against the Trump administration. AFGE v. Trump argues that the Trump administration downsizing of the government violates the U.S. Constitution, because Congress did not authorize the reductions.
February 26, 2025 – The Office of Personnel Management issued a guidance memo on this executive order.
February 11, 2025 – President Trump issues “Implementing the Department of Government Efficiency (DOGE) Workforce Optimization Initiative.”
President Trump issued an executive order titled “Implementing the Department of Government Efficiency (DOGE) Workforce Optimization Initiative,” which gives the following directives:
- Reductions in the federal workforce: Agency heads are directed to develop plans that institute large-scale reductions in the federal workforce. The executive order directs agency heads to prioritize the reduction of positions that functions are “not mandated by statute or other law.” The executive order specifically calls out agency diversity, equity, and inclusion initiatives as an example.
- Hiring Ratios: The executive order directs that these reduction plans should require agencies to hire no more than one employee for every four employees that depart. These hiring ratios do not apply to positions related to public safety, immigration, or law enforcement. The executive order reaffirms the indefinite hiring freeze for the Internal Revenue Service.
- Hiring Approval: Agency heads will need to consult a DOGE team lead before hiring for a position. The executive order states that an agency cannot hire for a position that DOGE team views as unnecessary, unless the Agency head overrules DOGE.
The executive order does not apply to military personnel and agency heads may exempt positions that they deem “necessary to meet national security, homeland security, or public safety responsibilities.”
Impact: This executive order impacts the more than 2 million civilian federal workers that provide essential government services, such as administering Social Security payments, conducting health and safety inspections, and producing quality economic data. A large-scale reduction in the workforce could create a disruption in such services, due to a loss in capacity and subject matter experts.