c) Reductions in Force. Agency Heads shall promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law, and to separate from Federal service temporary employees and reemployed annuitants working in areas that will likely be subject to the RIFs. All offices that perform functions not mandated by statute or other law shall be prioritized in the RIFs, including all agency diversity, equity, and inclusion initiatives; all agency initiatives, components, or operations that my Administration suspends or closes; and all components and employees performing functions not mandated by statute or other law who are not typically designated as essential during a lapse in appropriations as provided in the Agency Contingency Plans on the Office of Management and Budget website. This subsection shall not apply to functions related to public safety, immigration enforcement, or law enforcement.
In Trump v. American Federation of Government Employees the District Court enjoined the Trump Executive Order No 14210 that resulted in the dismissal of thousands of U.S. government employees. Executive Order No.14210 Implementing the President's "Department of Government Efficiency" Workforce Optimization Initiative
The United States Supreme Court stayed the District Court order, restoring the Musk-led DOGE taskforce mandated massive cuts of the federal workforce. No more than one person is to replace every four federal workers dismissed.
JACKSON, J., dissenting from the grant of application for stay.
Under our Constitution, Congress has the power to establish administrative agencies and detail their functions. Thus, over the past century, Presidents who have attempted to reorganize the Federal Government have first obtained authorization from Congress to do so. The President sharply departed from that settled practice on February 11, 2025, however, by allegedly arrogating this power to himself. With no mention of congressional buy-in, the President’s Executive Order No. 14210 mandates a “critical transformation” of the Federal Government, to be accomplished by “eliminat[ing] or consolidat[ing]” existing agencies and ordering agency heads to “promptly undertake preparations to initiate large-scale reductions in force.” 90 Fed. Reg. 9669, 9670. This unilateral decision to “transfor[m]” the Federal Government was quickly challenged in federal court. As relevant here, the District Judge thoroughly examined the evidence, considered applicable law, and made a reasoned determination that Executive Branch officials should be enjoined from implementing the mandated restructuring until this legal challenge to the President’s authority to undertake such action could be litigated. But that temporary, practical, harm-reducing preservation of the status quo was no match for this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture.***
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