The Federal Employee Briefing for May 6, 2025
Brought to you by Southworth PC—Attorneys for Federal Employees
Our online community now tops 150,000 federal workers and supporters across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing distills the day’s most consequential developments, adds clear-eyed legal analysis, and pairs it with mindfulness tools that keep you steady no matter how turbulent the news cycle becomes. If this newsletter helps you stay informed, please pass it on: https://fedlegalhelp.com/newsletter. Your advocacy broadens the protective circle for every federal employee.
Top Three News Stories:
1. Massive Federal Workforce Reductions and Union Challenges
The Trump administration’s ongoing efforts to reduce the federal workforce have led to significant layoffs across various agencies. Notably, over 15,000 USDA employees have accepted buyout offers, and the Department of Health and Human Services (HHS) plans to lay off approximately 10,000 employees as part of a major reorganization. These actions have prompted concerns from unions, with the American Federation of Government Employees (AFGE) warning that the downsizing threatens the union’s survival. AP News
Legal Insight:
The legality of these mass layoffs is under scrutiny. Unions argue that the actions may violate the Administrative Procedure Act due to insufficient justification and lack of proper procedures. Additionally, the deferred resignation program, which offered employees incentives to leave, has raised questions about compliance with the Antideficiency Act, as it may commit funds without proper appropriation. Legal challenges are expected to focus on whether the administration overstepped its authority and failed to adhere to required processes.
2. Executive Order Halting Gain-of-Function Research Funding
President Trump signed an executive order banning federal funding for gain-of-function research in countries lacking proper oversight, such as China and Iran. The order also pauses all infectious pathogen research until new safety guidelines are established. This move aims to prevent lab-related incidents similar to those believed to have caused the COVID-19 pandemic. NY Post
Legal Insight:
While the executive branch has discretion over funding allocations, this order may face legal challenges if it disrupts ongoing research projects or violates existing contracts. Researchers and institutions affected by the funding halt could argue that the abrupt cessation breaches agreements and lacks sufficient justification, potentially violating the Administrative Procedure Act. Additionally, the order’s broad scope may be contested if it is deemed to overreach the president’s authority without congressional input.
3. Lawsuit Against Federal Reorganization of Health Agencies
On May 5, 2025, a coalition of 19 Democratic-led states and the District of Columbia filed a federal lawsuit in Rhode Island challenging the Trump administration’s extensive reorganization of the U.S. Department of Health and Human Services (HHS). The lawsuit targets the plan implemented by HHS Secretary Robert F. Kennedy Jr., which includes laying off over 10,000 employees and consolidating 28 divisions into 15, effectively reducing the department’s workforce by 25%. Critics argue that these actions have dismantled vital health programs, including those for disease testing, cancer tracking, maternal health, and early childhood education, thereby endangering public health services. Reuters
Legal Insight:
The plaintiffs contend that the administration’s actions violate the Administrative Procedure Act by implementing significant policy changes without proper notice, justification, or public comment. They argue that the reorganization unlawfully undermines the department’s capacity to fulfill its statutory obligations and usurps Congress’s power of the purse. The lawsuit seeks to block the implementation of the restructuring plan and restore affected health programs, highlighting the potential for this case to set important precedents regarding the limits of executive power in reorganizing federal agencies.
Mindful Moment of the Day:
Sensory Corridor Walk
Between conference rooms—or simply between desk and coffee machine—choose one sense to foreground. If it’s hearing, notice layers: the hum of HVAC, distant printers, your own footsteps. By allowing attention to stay tethered to raw sensory data, you train the mind to drop speculative story-lines (“Will IT ever fix that ticket?”). Heart-rate-variability studies link these 30-second sensory immersions to quicker recovery from adrenaline spikes, giving you a physiological cushion when the next sudden deadline lands.
Legal Tip of the Day:
Contemporaneous Notes Beat Perfect Memory
In hearings, the most persuasive exhibit is often a timestamped email-to-self created the same day a hostile remark was made or an assignment was denied. Arbitrators and administrative judges regard such records as quasi-contemporaneous business entries, weighing them more heavily than reconstructed narratives. Maintaining a secure, date-stamped log—not on an agency device—transforms “he-said-she-said” into traceable evidence, tightening settlement leverage long before subpoenas ever fly.
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In Case You Missed It:
Today on the blog we unpack:
House Bill Could Cut FERS Supplement for DRP Retirees
Schedule F and Project 2025: What Federal Employees Must Know Now
Deep-Dive Courses for When the Stakes Are Personal
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