RIF Rift: Trump Administration Asks Court to Enjoin San Francisco Judge

As we continue to await the Supreme Court’s ruling on the national or universal injunction question, the Trump administration has filed another request to block a district court order that prevents it from implementing a “reduction-in-force” policy. The request in Trump v. American Federation of Government Employees could have major implications for other such orders even without the ruling in the birthright citizenship case.

On February 11, 2025, President Trump issued an Executive Order seeking to reduce the size of the federal government through RIFs. Exec. Order No. 14,210, 90 Fed. Reg. 9669 (Feb. 14, 2025) (App., infra, 1a-3a).

President Donald Trump directed federal agencies to “promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law.” That would seem well within the authority of a president and consistent with many presidents who ran on downsizing the federal government. Indeed, President Bill Clinton issued such an order at the start of his presidency.

Indeed, under Section 3502 of Title 5, OPM is allowed to “prescribe regulations for the release of competing employees in a reduction in force.” 5 U.S.C. 3502(a). It lays out a process, including notice of a RIF (generally 60 days) to agency employees and their collective-bargaining representatives, including notice of “any appeal or other rights which may be available.” 5 U.S.C. 3502(d)(1)(A) and (2)(E).

In a case brought by unions and advocacy groups in San Francisco, Senior U.S. District Judge Susan Illston blocked large-scale reductions in the federal workforce in what some believe is one of the greatest intrusions into Article II authority in the record number of injunctions coming from district courts.

In its filing on Monday, the Trump Administration maintains that Illston’s order “interferes with the Executive Branch’s internal operations and unquestioned legal authority to plan and carry out RIFs, and does so on a government-wide scale.”

The Supreme Court was previously asked to intervene but failed to take action. The Administration then withdrew that request after Illston issued a preliminary injunction. It then appealed to the Ninth Circuit, which (in a divided decision) refused to lift the injunction.

The original order runs against the grain of the Constitution. As the Supreme Court declared in Seila Law LLC v. Consumer Fin. Prot. Bureau, 591 U.S. 197, 213 (2020), because “[t]he entire ‘executive power’ belongs to the President alone,” he must have “‘the power of * * * overseeing[] and controlling those who execute the laws.’”

Moreover, the executive order takes pains to avoid potential conflicts by stipulating that, in ordering any RIFs, agencies should ensure that they do not eliminate any “subcomponents” that are “statutorily required” or prevent the performance of “functions” that are “mandated by statute or other law.” It also expressly states that “[a]gencies should review their statutory authority and ensure that their plans and actions are consistent with such authority.”

Judge Illston’s order seems, to me, well outside of the navigational beacons for the courts under the separation of powers. There are potential issues raised with large-scale RIFs but her order sweeps far too broadly in my opinion.

How the Court deals with this matter could foreshadow the opinion to come on national or universal injunctions. However, even without the scope of the injunction, there are ample concerns over the underlying claim of judicial authority in this matter.

Here is the Administration’s filing: Application for Stay

134 thoughts on “RIF Rift: Trump Administration Asks Court to Enjoin San Francisco Judge”

  1. One solution which has been proposed is to sell hawaii to the japanese, and put San Francisco and Los Angeles up for competitive bidding —-

  2. Out of curiosity, do you agree with the firing of the entire FOIA Office within the CDC? Seems that would be statutory in nature.

    1. Maybe They will just be replaced with new employees who follow the law and honor FOIA requests instead of hiding data or pretending it doesn’t exist?

  3. Bannon: Graham should be arrested if he keeps ‘stirring it up’ in Ukraine
    MAGA insider and former Trump White House chief strategist Steve Bannon said Monday that Sen. Lindsey Graham (R-S.C.), one of Kyiv’s strongest backers in Congress, should be “arrested” if he doesn’t stop traveling overseas and “stirring it up” in Ukraine.
    By: Alexander Bolton – The Hill ~ 06/02/25
    https://thehill.com/homenews/5329011-bannon-arrest-graham-ukraine/

    Sen. Lindsey Graham’s RINO Buddies: The Usual Suspects
    https://cms.zerohedge.com/s3/files/inline-images/Gr3wGdlWMAA-X0r.jpg?itok=PgM8u_-4

  4. The Orange Retard in the White House is absolutely certain you can get rich by not paying your bills. Sure, it failed to work 6 times before. But the Big Beautiful Bill is the ultimate Trump hunch: go further into debt by $7 trillion and then kick back and watch the money roll in.

    A plan every Trumptard would love. Stop paying your bills and use the money to live it up!

    1. If you had enough maturity to ditch the childish “retard, Trumptard” silliness, you’d have half a point. Elon is on record strongly opposing this bill while Trump defends it. I’m with team Elon on this. If the GOP cannot take the national debt bomb seriously, we’re doomed because nobody else will either.

      1. It’s not the fault of the elected it’s the greater percentage of the electorate who refuse to accept the truth.

        1. They want communism. They want socialism and their chosen religion is Islam. The rise of communist China with its huge population, the rise of India another huge population and the rule of the obedient shrouded moslems. They’ll teach you how to behave no doubt.

          Is that your pitiful future? I can see the vatican now with its minarets.

      2. I’m with team Elon on this. If the GOP cannot take the national debt bomb seriously, we’re doomed because nobody else will either.

        Agreed on the former. I had marginal hopes that Republicans would cut the federal budget significantly, but knew deep inside it would be business as usual. Both parties suck big time. Trump seems to be doing really well though. Just like Bill Clinton. Just like Barack Obama. Just like Nancy Pelosi. etc.

        The Trump Organization Has Expanded Globally Since the 2024 Election. See Where.
        https://www.wsj.com/politics/policy/trump-organization-expansion-4998172b

        As to “we’re doomed”, I disagree. I used my lunch break today to volunteer at the homeless ministry a few blocks from the medical center: feeding, clothing, shower duty, listening. Most are mentally ill (Axis II), majority are men but a few women, ages were mid-30s to mid-70s. We fed about 100+. I couldn’t help feel after I left and returned to work that I was one fortunate son of a gun. No doom and gloom here, def no self-pity. Just very grateful to God

        I have always been an optimist when reflecting on the potential of each individual. Society as a whole, however, is moving along nicely to self-destruction, as per the laws of science.

      3. Elon is on record furiously realigning himself and rehabilitating his reputation and brand.

        1. what is your brand? oh thats right: you are a grifter who grooms little boys. We all already know your reputation

    2. You’re a kid, right? Right. Just waiting for old timers with a memory die, right? Right. You don’t have what it takes. Not the right stuff.

    3. President Trump’s One Big Beautiful Bill Act will increase the federal deficit by about $2.4 trillion over a 10-year period in its current form, according to a comprehensive analysis released Wednesday by the Congressional Budget Office.

      NOT 7 TRILLION BOZO!!!

    1. Video of the physical fight between two female Secret Service Agents outside of Obama’s DC residence was released last week.

      “I’ll whoop this girl’s ass!” one agent shouted as the two US Secret Service Uniformed Division officers got into a physical fight outside of Barack Obama’s DC residence at 2:30 am last Wednesday.
      ==========
      “I’ll whoop this girl’s ass!”… WTF talks like this? SS agents are ALL supposed to have college degrees? Must have been a DEI hire…..

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