AFSCME and AFGE seek court's help to halt Trump administration firings

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Unions Seek Court Intervention to Halt Planned Federal Layoffs

In a bid to halt a wave of potential layoffs, labor unions have turned to the courts to challenge the Trump administration's recent directives. With the federal government shutdown looming, the American Federation of State, County and Municipal Employees (AFSCME) and the American Federation of Government Employees (AFGE) have filed a motion for a temporary restraining order on October 4, 2025.

The motion, submitted to the U.S. District Court for the Northern District of California, follows a lawsuit from the prior week. The unions allege that the Office of Management and Budget (OMB), led by Director Russ Vought, has unlawfully instructed federal agencies to proceed with large-scale firings amid the ongoing shutdown. Named defendants also include the Office of Personnel Management and its Director Scott Kupor, accused of issuing unprecedented orders that allow federal employees to work during the shutdown to facilitate the layoffs. The updated complaint also implicates various federal agencies where these layoffs might occur.

The legal representation for AFSCME and AFGE includes Altshuler Berzon LLP, Democracy Forward, and the Democracy Defenders Fund. AFSCME President Lee Saunders condemned the administration's approach, stating, “These threatened mass firings are the latest attack on working people by an administration abusing its power to push through its extreme Project 2025 agenda.” He highlighted the dire consequence of jeopardizing public services during a health care crisis.

AFGE National President Everett Kelley criticized the proposed measures, emphasizing the dedicated work of federal employees, many of whom are veterans. He stated, “Announcing plans to fire potentially tens of thousands of federal employees simply because Congress and the administration are at odds on funding the government past the end of the fiscal year is not only illegal – it’s immoral and unconscionable.”

Skye Perryman of Democracy Forward accused the administration of exploiting the situation, noting, “The President thinks no one is watching him or that the shutdown means that he can get away with his lawlessness undetected, but yet again we are holding him accountable.” She reinforced the unions' stance of defending civil servants’ roles.

Norm Eisen from Democracy Defenders Fund shared a similar sentiment, expressing the necessity of legal intervention: “Donald Trump's and his administration's rampant lawlessness continues, and so must the effort to hold him accountable.” He urged that the president lacks authority for such actions, underlining Congress's established limits on personnel matters during a shutdown.

Finally, Robin Tholin of Altshuler Berzon LLP underscored the legal boundaries, asserting, “The law plainly does not permit this Administration’s scheme to order mass firings across the federal government for their own political advantage.” The motion seeks immediate judicial relief to enforce compliance with the law.

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