An appeals court on Friday refused to freeze a California judge’s order halting the Trump administration from downsizing the federal workforce, which means that Department of Government Efficiency-led cuts remain on pause for now.
In the 2-1 ruling, the Ninth Circuit Court of Appeals denied the White House’s request to freeze the injunction.
“The Executive Order at issue here far exceeds the President’s supervisory powers under the Constitution,” the appeals court wrote. “The President enjoys significant removal power with respect to the appointed officers of federal agencies.”
The 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.
The judge’s order questioned whether President Trump’s administration was acting lawfully in trying to pare the federal workforce.
Mr. Trump has repeatedly said voters gave him a mandate to remake the federal government, and he tapped billionaire Elon Musk to lead the charge through DOGE.
Tens of thousands of federal workers have been fired, have left their jobs via deferred resignation programs or have been placed on leave. There is no official figure for the job cuts, but at least 75,000 federal employees took deferred resignations, and thousands of probationary workers have already been let go.
Illston’s order directs numerous federal agencies to halt acting on the president’s workforce executive order signed in February and a subsequent memo issued by DOGE and the Office of Personnel Management.
Illston, who was nominated to the bench by former President Bill Clinton, wrote in her ruling that presidents can make large-scale overhauls of federal agencies, but only with the cooperation of Congress.
Lawyers for the government say the executive order and memo calling for large-scale personnel reductions and reorganization plans provided only general principles that agencies should follow in exercising their own decision-making process.
