Highlights from the court hearing halting federal RIFs

This morning, I tuned in to the hearing challenging the federal government’s Reductions in Force (RIF) during the current lapse in appropriations. U.S. District Court Judge Susan Illston presided over the hearing. The hearing lasted about one hour, and began with Judge Illston thanking Department of Justice attorneys for appearing while they are not being paid (due to the ongoing government shutdown).

This was no ordinary hearing. As a government lawyer who worked in the White House for 9 years spanning 3 presidential administrations, I found the legal arguments to be unlike anything I've heard before. Here are highlights from today’s hearing:

• Counsel for the government clarified to the judge that posts by government officials on Truth Social are not the truth—as in, not statements of fact.

• Counsel for the government stated that the President is known, above all, for his eloquence in telling people they are fired, and that he was elected for his eloquence in this regard.

• After discussing whether the record showed that RIFs were political retribution, the judge directed counsel for the government to look at HHS’s website, pictured below.

• When counsel for the government raised the President's broad authority to remove individuals from jobs, plaintiffs countered that properly executed RIFs eliminate job positions, not individuals.

At the end of the hearing, Judge Illston granted the preliminary injunction requested by the plaintiffs and denied the government’s request for a stay. Notably, Judge Illston found as follows:

• The plaintiffs are likely to succeed in their claim that the RIFs violated federal law.

• The federal government’s actions are “arbitrary and capricious, as shown by the haphazard way in which RIFs have rolled out.”

• The judge concurred with the plaintiff’s argument that the RIFs are political retribution, citing public statements from OMB Director Russ Vought and the President.

• OMB’s actions in telling agencies that they no longer need to comply with statutory mandates due to the lapse in appropriations are unlawful.

• Agencies are enjoined from issuing more RIF notices during the shutdown and from terminating employees who have already received RIF notices.

To the thousands of federal employees who have received RIF notices since October 1st, take heart: the judge ruled that agencies are enjoined both from issuing new RIF notices during the shutdown, and from implementing the RIF notices already issued. These legal proceedings are rapidly developing. To be notified when more information becomes available, you can follow me on LinkedIn.