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Top Three News Stories:

1. Justice Department Retreats from Supreme Court Fight Over RIF Injunction 

Late on May 24 the Solicitor General quietly withdrew the administration’s emergency application that asked the Supreme Court to let agencies resume large-scale reductions-in-force.  The move came hours after U.S. District Judge Susan Illston replaced her earlier temporary restraining order with a broader preliminary injunction that blocks new RIF notices and requires reversal of any already issued.  Instead of pressing the high-court stay, the government will now try its luck in the Ninth Circuit; if that appeal fails, officials signaled they may return to the justices.  For now the nationwide freeze on Trump’s February downsizing order remains intact, keeping more than 260,000 threatened jobs in limbo. SCOTUSblog

Legal Insight:

Because the Supreme Court petition has been withdrawn, Judge Illston’s injunction is the controlling law until the Ninth Circuit rules—a process that will likely stretch into late summer.  Agencies therefore risk contempt sanctions if they issue new RIF notices, finalize separations, or pressure employees to accept “voluntary” departures tied to the blocked order.  The injunction strengthens individual MSPB, EEO and whistleblower claims that allege retaliation through layoffs, because any RIF action now conflicts with a federal court directive.  Employees who already received notices should demand written confirmation of rescission and safeguard those documents for possible back-pay or restoration remedies.

2. Disaster-Response Gaps Widen as Federal Staff Cuts Stall L.A. Wildfire Recovery

A Guardian investigation published May 26 shows that sweeping staff reductions at AmeriCorps, FEMA, the EPA and the Army Corps of Engineers have crippled recovery work after January’s deadly Los Angeles wildfires.  Roughly 90 percent of AmeriCorps personnel who were processing survivor claims were sent home in April, while FEMA’s $200 million assistance program and SBA disaster-loan operations have slowed to a crawl.  Survivors describe ringing government hotlines that no longer have anyone to answer, and local officials warn that debris removal and environmental cleanup are at risk of collapse.  California and several watchdog groups have filed suit, arguing the cuts violate disaster-relief statutes and unlawfully shift federal obligations to the states. The Guardian

Legal Insight: 

These layoffs could run afoul of the Stafford Act’s mandate that FEMA provide “necessary” assistance after a federally declared disaster; if proven, the agency may face injunctions compelling it to restore staff or contract capacity.  The sudden removal of AmeriCorps teams also raises potential violations of federal grant terms and collective-bargaining agreements, giving affected employees grounds for MSPB appeals or union grievances.  State and local plaintiffs will likely argue that the workforce reductions show irreparable harm—evidence that could also bolster broader litigation challenging Trump’s government-wide RIF policy.  Federal employees assigned to disaster missions should document any orders that impede statutory duties, as such records can support whistleblower disclosures or individual retaliation claims.

3. Congress Tweaks—But Doesn’t Scrap—Plan to Trim FERS and FEHB Benefits

On May 26 Federal News Network reported that House and Senate negotiators have revised the budget-reconciliation bill targeting federal retirement and health programs.  The latest draft defers elimination of the FERS annuity supplement to 2028 and would grandfather current recipients, but keeps the headline savings of roughly $50 billion.  New hires could choose between paying a higher 9.4 percent FERS contribution for traditional job protections or remaining “at-will” with a lower 4.4 percent rate.  The measure also authorizes dependent-eligibility audits and pilot vouchers in the Federal Employees Health Benefits Program.  Final votes are expected in June, after which only a simple Senate majority and the President’s signature are needed. Federal News Network

Legal Insight:

Because these provisions reside in a reconciliation bill, they are shielded from filibuster, so federal employees should treat them as a live threat even if details may still change.  Eliminating the FERS supplement prospectively is likely to withstand constitutional challenge—the courts have repeatedly held that Congress may alter benefits that have not yet vested—yet grandfathering signals lawmakers are wary of takings-clause claims from current beneficiaries.  The voluntary “at-will” option, however, could provoke litigation under 5 U.S.C. § 7513 if employees argue the higher contribution constitutes economic coercion that chills union activity or protected speech.  Employees concerned about future retirement income should revisit TSP allocations, evaluate private disability coverage, and consider submitting personal impact statements to congressional offices while the reconciliation package is still open for amendment.

Mindful Moment of the Day: 

Gratitude Tally at Dusk 

Just before shutting down the laptop, take out a physical notecard and capture three moments from the day that made the mission feel worthwhile—a colleague’s timely data pull, a client’s sigh of relief, a personal skill stretched a bit farther. Writing by hand slows thought enough for appreciation to register somatically; the brain then files the day as “success” rather than “threat.” Over weeks, this simple tally recalibrates the default lens through which policy turbulence and shifting directives are viewed, cultivating durable optimism without denial.