The Trump administration can move forward with its plan to dramatically downsize the federal workforce, the U.S. Supreme Court said in an order on Tuesday.
In an unsigned order, the justices lifted a lower court order that temporarily blocked President Donald Trump’s plans to fire thousands of federal workers.
Two liberal justices, Sonia Sotomayor and Elena Kagan, said in the order that they were not ruling on the actual plans for downsizing; rather, they were just allowing the administration to move forward with its plan to direct agencies to create reorganization plans.
In February, Trump ordered federal agencies to plan for reorganizations and downsizing as part of his effort to slash the federal workforce and budget.
The American Federation of Government Employees, the largest union representing federal workers, sued the administration along with a coalition of 11 nonprofit organizations, six local governments, and 21 agencies, saying the president did not have the authority to dismantle federal agencies. Only Congress can take away agencies it has established.
In May, a federal judge in California agreed with the argument, saying the administration needed to seek congressional approval because it would be impacting appropriated funds.
But it appeared Supreme Court justices believes that argument was made too soon.
Sotomayor said she agreed with Justice Ketanji Brown Jackson, the only justice who dissented in a 15-page opinion, that Trump “cannot restructure federal agencies in a manner inconsistent with congressional mandates.”
However, she said, the administration was only asking the court to allow it to continue with downsizing while litigation continued by directing agencies to plan for reductions in force – which Sotomayor said was “consistent with applicable law.”
Jackson said differently, calling the decision “not only truly unfortunate but also hubristic and senseless.”
“Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts—including those that underlie fair assessments of the merits, harms, and equities,” Jackson wrote, arguing that Trump is attempted to “fundamentally restructure the federal government.”
The Trump administration has railed against lower court judges, calling them “rogue” and believing they are blatantly violating statute by refusing to allow the president to do whatever he wants. They have consistently turned to the Supreme Court for help.
The ruling is the latest win for the Trump administration in a term defined by the court’s willingness to side with the president as he implements an unprecedented number of executive orders to expand his power.
The American Federation of Government Employees and coalition condemned the court’s order on Tuesday, calling it a “serious blow” to democracy.
“Today’s decision has dealt a serious blow to our democracy and puts services that the American people rely on in grave jeopardy. This decision does not change the simple and clear fact that reorganizing government functions and laying off federal workers en masse haphazardly without any congressional approval is not allowed by our Constitution.”
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