DOJ asks Supreme Court to allow federal layoffs
By: Maureen Groppe
USA Today
WASHINGTON - The Trump administration on June 2 [2025] asked the Supreme court to let it carry out large-scale staffing cuts and agency restructuring while the president's authority to make such sweeping changes without Congress is being challenged.
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In an emergency filing, the Justice Department said the court should left a federal judge's order pausing the termination of tens of thousands of federal jobs and shuttering many government offices and programs.
..... The department said the judge's order is based on the "indefensible premise" that President Donald Trump needs Congress' permission to make decisions about staffing the executive branch.
..... U.S. District Judge Susan Illston in San Francisco has ruled that the unions, nonprofits and municipalities that are challenging the administration's efforts to downsize and reshape the federal government arr likely to ultimately be successful.
..... "After dramatic staff reductions, these agencies will not be able to do what Congress has directed them to do," she wrote in her order halting mass layoffs and reorganized for 22 federal agencies.
..... A three-judge pane on the San Francisco-based 9th Circuit Court of Appeals ruled 2-1 on May 30 [2025] against the administration's request to block Ilston's order.
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"The executive order at issue here far exceeds the president's supervisory powers under the Constitution," wrote Judge William Fletcher in an opinion joined by Judge Lucy Koh. Both were appointed by Democratic presidents.
..... Judge Consuelo Callahan, who was appointed by Republican President George W. Bush, dissented, saying the administration is likely to ultimately win the court fight and is harmed by not being able to carry out its policies in the meantime.
..... The restructuring is central to the push by Elon Musk's Department of Government Efficiency to shrink the spending. Trump has urged agencies to eliminate duplicative roles, unnecessary management layers and noncritical jobs while automating routine task, closing regional offices and reducing the use of outside contractors.
..... Those challenging the changes say they will gut disaster relief programs, public health services, food safety inspections and disease prevention.
..... The Supreme Court asked the challengers to respond to Trump's request by June 9. [2025]