Trump administration withdraws request to pause order preventing government from reducing federal workforce 

The Trump administration on Friday night withdrew its request to pause an order by a federal judge in San Francisco that blocked the federal government from implementing large-scale reductions in the federal workforce. In a two-paragraph letter, U.S. Solicitor General D. John Sauer told the justices that Senior U.S. District Judge Susan Illston had issued a new order, known as a preliminary injunction, to replace an earlier order that they had asked the justices last week to pause. The government has now gone to a federal appeals court, Sauer explained, asking it to put Illston’s new order on hold.

If the appeals court denies the government’s request, the Trump administration could return to the Supreme Court, once again asking the justices to weigh in. 

The case arose after President Donald Trump issued an executive order directing federal agencies to “promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law.” 

A group of challengers – including labor unions, advocacy groups, and local governments – filed a lawsuit, seeking to block the implementation of both Trump’s executive order and a memorandum from the Office of Management and Budget and the Office of Personnel Management containing instructions for federal agencies to carry out Trump’s order. 

On May 9, Illston issued a temporary restraining order that barred the Trump administration from moving forward with any RIFs. The U.S. Court of Appeals for the 9th Circuit fast-tracked the government’s request to put Illston’s order on hold while its appeal continues. 

But before the briefing was complete in the court of appeals, the Trump administration came to the Supreme Court, asking the justices to step in. Sauer told the justices that Illston’s order had “caused mass confusion throughout the Executive Branch.” He added that because federal law prohibits the plaintiffs from bringing a direct challenge to the RIFs in federal courts, they should not be allowed to use Illston’s order to do an “end-run” around that bar. 

With Illston’s original order no longer in place and a request pending in the 9th Circuit to pause her new order while it appeals, the Trump administration on Friday withdrew its request to put the original order on hold. But the government could return to the Supreme Court with a similar request if the 9th Circuit ultimately rejects its plea.