The Supreme Court Tuesday stayed a district judge’s injunction blocking President Donald Trump from carrying out a “critical transformation of the federal bureaucracy.”
Trump signed Executive Order 14210 on Feb. 11, implementing the Department of Government Efficiency Workforce Optimization Initiative. On Feb. 26, Office of Management and Budget Director Russell Vought and Office of Personnel Management acting Director Charles Ezell sent a memorandum applying the order.
The American Federation of Government Employees, the largest federal government employee union, and other unions filed suit to block the order, and U.S. District Judge Susan Illston issued a preliminary injunction blocking the order on May 22.
The Supreme Court explained that Illston blocked the actions “based on [her] view” that the order and the memo “are unlawful.” Yet the Supreme Court ruled that Trump’s administration “is likely to succeed on its argument that the Executive Order and Memorandum are lawful.”
The Supreme Court expressed no opinion on the legality of any agency reduction in force and reorganization plan produced pursuant to the order and the memo.
Justice Sonia Sotomayor, an appointee of President Barack Obama, wrote a brief concurrence with the order.
“I agree with [Justice Ketanji Brown Jackson] that the president cannot restructure federal agencies in a manner inconsistent with congressional mandates,” Sotomayor wrote. “Here, however, the relevant executive order directs agencies to plan reorganizations and reductions in force ‘consistent with applicable law,’ and the resulting joint memorandum from the Office of Management and Budget and Office of Personnel Management reiterates as much.”
“The plans themselves are not before this court, at this stage, and we thus have no occasion to consider whether they can and will be carried out consistent with the constraints of law,” the justice added. “I join the court’s stay because it leaves the district court free to consider those questions in the first instance.”
Many of the same groups that staffed and advised the Biden administration (which I expose in “The Woketopus: The Dark Money Cabal Manipulating the Federal Government”) have filed lawsuits to block Trump’s policies, choosing jurisdictions with more friendly judges in order to secure injunctions.
The Supreme Court has recently reined in federal judges. After activist groups sued the Trump administration to block various policies, judges issued temporary injunctions preventing the administration from acting against anyone, not just against the people who filed the lawsuit. In Trump v. CASA, the Supreme Court ruled that these nationwide injunctions violate the law that established the courts in the first place.
Last month, Massachusetts-based District Judge Brian Murphy openly defied the court. He had issued a temporary injunction on April 18, blocking the Trump administration from deporting illegal aliens to South Sudan. He issued a follow-up order on May 21, clarifying and enforcing the injunction.
The Supreme Court struck down his April 18 order on June 23, but he issued another order that same day, stating that the May 21 order remained in effect.
On Thursday, the court issued an order clarifying that the May 21 order “cannot now be used to enforce an injunction that our stay rendered unenforceable.” Even Justice Elena Kagan, an Obama appointee, wrote of that opinion, “I do not see how a district court can compel compliance with an order that this court has stayed.”
The DOGE Order
Trump’s Feb. 11 executive order fleshed out how DOGE—a temporary federal initiative to root out waste, fraud, and abuse that will wrap up its activity by July 4, 2026—will help streamline the government.
The order instructs the director of the Office of Management and Budget to submit a plan to reduce the size of the federal workforce, requiring that each agency “hire no more than one employee for every four employees that depart.” The order will not block the hiring freeze at the Internal Revenue Service and it will not apply to the military, law enforcement, and border enforcement agencies.
According to the order, each federal agency will receive a DOGE team lead, who will help each agency draft a “data-driven plan” to ensure that new career hires “are in highest-need areas.” The DOGE team lead will have the authority to block agencies from filling any vacancies, unless the agency head disagrees.
Also, according to the order: “All offices that perform functions not mandated by statute or other law shall be prioritized” for reductions in force, “including all agency diversity, equity, and inclusion initiatives,” among others. Trump has directed the federal government to minimize DEI efforts, as they encourage discrimination on the basis of skin color, urging people to judge others based on appearance rather than merit.
The order also instructs the director of the Office of Personnel Management to tighten the requirements for federal employees, barring applicants who failed to comply with generally applicable legal obligations; those who lack appropriate citizenship status; those who refuse to follow nondisclosure agreements; and those involved in the theft or misuse of government resources or equipment.
“By eliminating waste, bloat, and insularity, my administration will empower American families, workers, taxpayers, and our system of government itself,” the order states.
