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3w ago

Ninth Circuit Vacates Injunction, Allowing Trump’s Orders Limiting Federal Union Bargaining to Take Effect

The ruling lifts the lower-court block, permitting national-security exclusions to proceed during ongoing litigation.

U.S. President Donald Trump looks on as he delivers the State of the Union address in the House Chamber of the U.S. Capitol in Washington, D.C., U.S., February 24, 2026. REUTERS/NATHAN HOWARD
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American Federation of Government Employees National President Everett Kelley speaks alongside Rep. Don Beyer, D-Va., at a press conference on federal workforce rights outside the U.S. Capitol on March 28, 2025. Lawmakers and union leaders spoke out against President Donald Trump's executive order ending collective bargaining with federal labor unions.

Overview

  • A unanimous three-judge panel reversed Judge James Donato’s preliminary injunction and cleared implementation of EO 14251.
  • The court found the administration likely would have taken the same action absent any retaliatory motive toward unions, emphasizing national security rationales.
  • The panel affirmed federal district-court jurisdiction over the unions’ challenge rather than requiring initial review by the Federal Labor Relations Authority.
  • The order ends collective bargaining at more than a dozen agencies, including Justice, State, Defense, Treasury, and HHS, affecting hundreds of thousands of employees.
  • AFGE said it will continue litigating the merits in district court and is weighing an en banc appeal, as a concurrence flagged unresolved Mt. Healthy causation issues.