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The 9th Circuit Court of Appeals on Friday night kept in place a block on President Donald Trump’s efforts for massive firings and agency restructuring across the federal government, saying a far-reaching executive order signed in February went way beyond his constitutional authority and that the potential harm caused by the terminations warrants the hold while legal challenges continue to play out in the courts.
“The Executive Order at issue here far exceeds the President’s supervisory powers under the Constitution,” the appeals court wrote in its 2-1 decision.
The majority decision, written by Senior Circuit Judge William Fletcher, noted that while “the President enjoys significant removal power with respect to the appointed officers of federal agencies,” the kind of far-reaching approach represented by Trump’s executive order “has long been subject to Congressional approval.”
According to the Associated Press:
The Republican administration had sought an emergency stay of an injunction issued by U.S. Judge Susan Illston of San Francisco in a lawsuit brought by labor unions and cities, including San Francisco and Chicago, and the group Democracy Forward.
The Justice Department has also previously appealed her ruling to the Supreme Court, one of a string of emergency appeals arguing federal judges had overstepped their authority.
In a statement late Friday, the coalition behind the lawsuit that challenged Trump’s order — which includes nationwide labor unions and non-profit groups as well as cities and counties in California, Illinois, Maryland, Texas, and Washington — welcomed the ruling as it once again slammed Trump’s assault on the nation’s federal workforce and the rule of law.
The 9th Circuit’s decision, the coalition said, “rightfully maintains the block on the Trump-Vance administration’s unlawful, disruptive, and destructive reorganization of the federal government.”
Trump’s actions, the statement continued, “have already thrown agencies into chaos, disrupting critical services to people and communities across our nation. Each of us represents communities deeply invested in the efficiency of the federal government – laying off federal employees en masse and reorganizing government functions haphazardly does not achieve that. We are gratified by the court’s decision today to allow the pause of these harmful actions to endure while our case proceeds.”
“The Trump administration’s reckless attempt to dismantle our government without congressional approval threatens vital services Americans depend on every day — from caring for veterans and safeguarding public health, to protecting our environment and maintaining national security,” said Everett Kelley, president of the American Federation of Government Employees (AFGE) union, the nation’s largest federal worker union and a party to the suit, in response to the ruling. “This illegal power grab would gut federal agencies, disrupt communities nationwide, and put critical public services at risk. AFGE is proud to stand shoulder-to-shoulder with this coalition to protect not just the patriotic public servants we represent, but the integrity of American government and the essential services that our nation deserves.”
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