Judge Blocks Layoffs During Shutdown

By Jennifer Shutt and Ariana Figueroa, States Newsroom

WASHINGTON — A federal judge issued a temporary restraining order Wednesday, blocking the Trump administration from moving forward with the thousands of layoffs it initiated after the government shutdown began Oct. 1, as well as any others the administration might want to carry out.  

The hearing in the U.S. District Court for the Northern District of California took place at the same time White House budget director Russ Vought appeared on the conservative Charlie Kirk podcast to preview his next steps.

Vought warned the initial Reductions in Force, the technical term for a layoff notice, were just “a snapshot” and that as many as 10,000 federal workers would lose their jobs if the shutdown drags on.

“We’re going to keep those RIFs rolling throughout this shutdown because we think it’s important to stay on offense for the American taxpayer and the American people,” Vought said. “We want to be very aggressive where we can be in shuttering the bureaucracy, not just the funding, but the bureaucracy.”

Judge Susan Illston said during the hearing that she granted the temporary restraining order because Trump administration officials had “taken advantage of the lapse in government spending, government functioning to assume that all bets are off, that the laws don’t apply to them anymore and that they can impose the structures that they like on the government situation that they don’t like.” 

Illston said laws and regulations still apply during a shutdown and that, by all appearances, the Trump administration’s actions in the case appear politically motivated. 

“Things are being done before they’re thought through — very much ready, fire, aim,” Illston said.

DOJ unprepared to speak on merits of case

Elizabeth Hedges, a Justice Department attorney arguing the case on behalf of the Trump administration, said several times during the brief hearing she wasn’t prepared to speak about the merits of the case — a position that confounded the judge, who gave Hedges several chances to reverse course.  

“We may be able to address the merits at the next stage,” Hedges said, after telling Illston she would need to check with others before making any statements about why the administration believes its actions are legal. 

Danielle Leonard, an attorney representing the labor unions that brought the lawsuit, urged the judge to grant a temporary restraining order for all the departments and agencies that make up the executive branch. 

Leonard said she believes Trump administration officials have decided how many additional federal employees to lay off during the shutdown, but have opted not to share that information with the court.

“The decision has been made, it’s just a question of implementation and timing,” Leonard said, around the same time Vought was giving his podcast interview. 

Illston, who was nominated by former President Bill Clinton, said at the end of the hearing she expected the attorneys to find a day in the coming weeks when they can attend a hearing on the next stage, which would be a preliminary injunction.

This is a developing story.