Additional shutdown layoffs must be rolled back, judge rules

The Trump administration must rescind already issued layoffs and pause others underway, a federal judge ruled on Wednesday, saying any such action taken since the start of the federal government shutdown on Oct. 1 is null and void.

Four agencies violated a clause of the deal that reopened government last month when it proceeded with reduction-in-force actions, California-based U.S. District Judge Susan Illston said, noting the funding bill specifically prohibited such actions. The temporary pause, which may not take immediate effect, will impact around 700 employees across the departments of State and Education, as well as the Small Business Administration and General Services Administration. 

Illston said she may stay her own order pending appeal, given the logistical burdens it would place on the agencies. In some cases, her order would require employees who have already been separated from federal service to be returned to an active employment status. In others, agencies would have to prevent pending RIFs from taking effect. The effective date of the order will be spelled out in a forthcoming written decision Wednesday evening, Illston said from the bench. 

The Trump administration has pointed to legal guidance from the Office of Management and Budget and the Justice Department to justify its decisions to move forward with the layoffs. They said the RIFs were not in any way related to the shutdown and therefore the spending law did not apply to them. Agencies previously rescinded thousands of additional layoffs that were first sent out during the shutdown. 

RIFs for around 250 State employees were set to take effect earlier this month, but Illston previously paused that action from taking effect. The plaintiffs originally asked the court to block around 300 layoffs scheduled to take effect at the Defense Department, but the Pentagon voluntarily withdrew them. 

Democratic lawmakers have said the shutdown-ending spending law made no carve out for RIFs that preceded the shutdown, noting it applied to any layoff-related action between Oct. 1 and Jan. 30.

“No federal funds may be used to initiate, carry out, implement, or otherwise notice a reduction in force to reduce the number of employees within any department, agency, or office of the federal government” for the duration of the spending law, the continuing resolution ordered. Illston highlighted the word "implement" in issuing her prior decision regarding State.

The unions that brought the case, with the backing of Democracy Forward, quickly praised Illston’s decision. 

“This decision will mean these diligent federal workers will not be unlawfully forced out of their jobs,” said Randy Erwin, president of the National Federation of Federal Employees. “We are deeply grateful for this decision and for the partnership of the other plaintiffs in this case."