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By Dan Gooding and Gabe Whisnant
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A federal appeals court has cleared the way for President Donald Trump's executive order to move forward, aiming to curtail collective bargaining rights for hundreds of thousands of federal workers while litigation continues.
The decision, issued Friday, followed the Trump administration's request for an emergency stay of a lower court ruling that had blocked the order's enforcement across more than 30 federal agencies and departments.
Newsweek reached out to the U.S. Department of Justice (DOJ) and the National Treasury Employees Union (NTEU), which filed the complaint, for comment via contact form and email Monday afternoon.
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Why It Matters
The win for Trump comes amid his administration's efforts to reduce the federal government's workforce through executive orders and the Department of Government Efficiency (DOGE). Many of these changes have been met with criticism that they are happening too quickly without enough oversight.
What To Know
In a 2-1 decision, a panel of judges in Washington, D.C., ruled that unions representing federal employees lack standing to sue. The majority cited the administration's assurance that no existing collective bargaining agreements would be terminated during the ongoing legal proceedings.
Judges Karen Henderson, appointed by former President George H.W. Bush, and Justin Walker, appointed by Trump, supported the ruling; Judge Michelle Childs, appointed by former President Joe Biden, dissented.
The administration contends the executive order is essential for reducing the federal workforce in the interest of national security. While current labor law allows exemptions for national security roles—such as those at the FBI—Trump's order seeks to broaden that exemption more than any previous administration.
Union officials say the order is a vehicle for mass firings and political retaliation against labor organizations opposed to Trump's government downsizing agenda. The NTEU, which is suing to block the order, claims it would sweep in many workers who have no national security functions.
In one such move, the administration has petitioned a court in Kentucky to void the collective bargaining agreement at the Internal Revenue Service, where NTEU represents many employees. The union maintains that Internal Revenue Service (IRS) roles have no national security relevance.
Additional agencies affected include the Departments of Health and Human Services, Energy, and the Environmental Protection Agency (EPA), as well as the Federal Communications Commission (FCC).
What People Are Saying
In their majority decision Judges Henderson and Walker said: "Preserving the President's autonomy under a statute that expressly recognizes his national-security expertise is within the public interest."
Judge Childs argued the administration had only provided "vague assertions" about the initial injunction's national security implications.
She added: "How can the Government argue that the district court injunction will cause irreparable injury when the Government itself voluntarily imposed that same constraint?"
What Happens Next
The NTEU has not said whether it plans to appeal Friday's ruling. If the ruling stands, and Trump's executive order goes into effect, hundreds of thousands of federal workers stand to lose union collective bargaining rights.
This article contains reporting by The Associated Press.
Update 5/19/25, 12:54 p.m. ET: This article has been updated with additional context.
Update 5/19/25, 2:01 p.m. ET: This article has been updated with additional context and remarks.
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