A federal judge in San Francisco on Tuesday indefinitely barred the Trump administration from firing federal employees during the government shutdown.
U.S. District Judge Susan Illston granted a preliminary injunction that bars the firings while a lawsuit challenging them plays out. She had previously issued a temporary restraining order against the job cuts that was set to expire Wednesday.
Illston, who was nominated by Democratic President Bill Clinton, has said she believes the evidence will ultimately show the mass firings were illegal and in excess of authority.
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.
Lawyers for the government say the district court does not have the authority to hear personnel challenges.
During a hearing on Oct. 15, Illston said the layoff notices that started going out on or around Oct. 10 appeared to be politically motivated and not well thought out. About 4,100 layoff notices have gone out, some sent to work email addresses that furloughed employees are not allowed to check. Some personnel were called back to work, without pay, to issue layoff notices.
Democratic lawmakers are demanding that any deal to reopen the federal government address expiring health care subsidies that have made health insurance more affordable for millions of Americans. They also want any government funding bill to reverse the Medicaid cuts in Trump’s big tax breaks and spending cuts bill passed this summer.
Republican House Speaker Mike Johnson has refused to negotiate with Democrats until they first agree to reopen the government.
This is now the second-longest shutdown.
The longest shutdown occurred during Trump’s first term over his demands for funds to build the U.S.-Mexico border wall. That one ended in 2019 after 35 days.