The Trump administration’s solicitor general filed an emergency petition to stay the order of the court on June 2, 2025. The petition makes a strong case that these reductions in force are lawful and within the power of the president:
In this case, the district court entered a nationwide injunction that bars nearly the entire Executive Branch — 19 agencies, including 11 Cabinet departments — from implementing an Executive Order that directs agencies to prepare plans to execute lawful reductions in the size of the federal workforce. That injunction rests on the indefensible premise that the President needs explicit statutory authorization from Congress to exercise his core Article II authority to superintend the internal personnel decisions of the Executive Branch. But “[u]nder our Constitution, the ‘executive Power’—all of it—is ‘vested in a President,’ who must ‘take Care that the Laws be 2 faithfully executed.’” Seila Law LLC v. Consumer Fin. Prot. Bureau, 591 U.S. 197, 203 (2020) (quoting U.S. Const. Art. II, § 1, Cl. 1; id. § 3). Controlling the personnel of federal agencies lies at the heartland of this authority. The Constitution does not erect a presumption against presidential control of agency staffing, and the President does not need special permission from Congress to exercise core Article II powers. See Trump v. United States, 603 U.S. 593, 607-609 (2024).
>
The Trump administration’s solicitor general filed an emergency petition to stay the order of the court on June 2, 2025. The petition makes a strong case that these reductions in force are lawful and within the power of the president:
>>
In this case, the district court entered a nationwide injunction that bars nearly the entire Executive Branch — 19 agencies, including 11 Cabinet departments — from implementing an Executive Order that directs agencies to prepare plans to execute lawful reductions in the size of the federal workforce. That injunction rests on the indefensible premise that the President needs explicit statutory authorization from Congress to exercise his core Article II authority to superintend the internal personnel decisions of the Executive Branch. But “[u]nder our Constitution, the ‘executive Power’—all of it—is ‘vested in a President,’ who must ‘take Care that the Laws be 2 faithfully executed.’” Seila Law LLC v. Consumer Fin. Prot. Bureau, 591 U.S. 197, 203 (2020) (quoting U.S. Const. Art. II, § 1, Cl. 1; id. § 3). Controlling the personnel of federal agencies lies at the heartland of this authority. The Constitution does not erect a presumption against presidential control of agency staffing, and the President does not need special permission from Congress to exercise core Article II powers. See Trump v. United States, 603 U.S. 593, 607-609 (2024).
(post is archived)