A federal judge in San Francisco on Tuesday indefinitely barred the Trump administration from firing federal employees during the government shutdown, saying that labor unions were likely to prevail on their claims that the cuts were arbitrary and politically motivated.
U.S. District Judge Susan Illston, a Clinton appointee, granted a preliminary injunction that bars the firings while a lawsuit challenging them plays out. She had issued a temporary restraining order against the job cuts that were set to expire Wednesday.
Illston has said she believes the evidence will ultimately show the mass firings were illegal and in excess of authority.
Federal agencies are enjoined from issuing layoff notices or acting on notices issued since the government shut down Oct. 1. Illston said that her order does not apply to notices sent before the shutdown.
The Republican administration has slashed jobs in education, health and other areas it says are favored by Democrats. The administration has also said it will not tap roughly $5 billion in contingency funds to keep benefits through the Supplemental Nutrition Assistance Program, commonly referred to as SNAP, flowing into November.
The American Federation of Government Employees and other labor unions have sued to stop the "reductions in force" layoffs, saying the firings were an abuse of power designed to punish workers and pressure Congress.
Attorneys for the government said the district court does not have the authority to hear personnel challenges, and that Trump has broad authority to reduce the federal workforce as he pledged to do during the campaign.
"The president was elected on this specific platform," said assistant U.S. attorney Michael Velchik. "The American people selected someone known above all else for his eloquence in communicating to employees that you’re fired, this is what they voted for."
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