Federal Judge Signals Possible Block on Trump-Era RIF Orders
May 09, 2025Federal employees facing a potential layoff under a controversial executive order may have just gained a powerful ally: the U.S. Constitution. On May 9, a federal judge in San Francisco signaled she’s likely to issue a nationwide temporary restraining order (TRO) that would pause all pending Reduction in Force (RIF) actions tied to a February directive from former President Trump.
Why This Matters Right Now
The judge, Susan Illston, emphasized that Congress—not the Executive Branch—holds the authority to create and structure federal agencies. Her comments strongly suggest she views the executive order as overstepping constitutional bounds. If she signs the TRO, thousands of pending RIFs could be frozen while the legal case, AFGE v. Trump, moves through the courts.
For federal employees who’ve already received RIF notices, this potential pause may offer invaluable time to regroup, respond, or explore legal options. But don’t mistake this for a guarantee: agencies can—and often do—move quickly in high-stakes personnel matters, especially if the TRO doesn’t materialize or is narrowed in scope.
If You Received a RIF Notice
This is your moment to get organized. Gather your documents, update your resume, and consider seeking legal review of your notice. If you’re a probationary employee, the stakes may be even higher, as your appeal rights are more limited and the timeline tighter. The possibility of a legal pause is heartening—but preparation is still your best defense.
Also, keep a close eye on further developments in the AFGE v. Trump case. A signed TRO would not only impact current RIFs but could shape how workforce reductions are handled in future administrations.
Stay Informed and Connected
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The road ahead may be uncertain, but you’re not alone—and today’s news is a welcome breath of fresh air.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.