AMERICAN FEDERATION OF GOV'T EMPLOYEES v. TRUMP

No. 18-5289.

929 F.3d 748 (2019)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFLCIO, et al., Appellees v. Donald J. TRUMP, in His Official Capacity as President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2019.


Attorney(s) appearing for the Case

Joseph F. Busa , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Hashim M. Mooppan , Deputy Assistant Attorney General, and Mark B. Stern , Attorney, U.S. Department of Justice. Sarah Carroll , Attorney, U.S. Department of Justice, entered an appearance.

Andres M. Grajales , and Gregory O'Duden , Washington, DC, argued the causes for appellees. With them on the joint brief were David A. Borer , Washington, DC, Matthew W. Milledge , Larry J. Adkins , Washington, DC, Julie M. Wilson , Paras N. Shah , Allison C. Giles , Washington, DC, Jessica Horne , Judith E. Rivlin , Teague P. Paterson , Syracuse, NY, Michael L. Artz , Washington, DC, Jefferson D. Friday , David Strom , Washington, DC, and Suzanne Summerlin , Washington, DC. Keith R. Bolek , Washington, DC, and Richard J. Hirn , Washington, DC, entered appearances.

Victoria L. Bor , Washington, DC, Jonathan D. Newman , Washington, DC, Harold C. Becker , Los Angeles, CA, Matthew J. Ginsburg , Andover, MA, Brian A. Powers , Washington, DC, Micah Berul , and Anthony Tucci , Staten Island, NY, were on the brief for amici curiae American Federation of Labor and Congress of Industrial Unions, et al. in support of appellees. James B. Coppess , Washington, DC, entered an appearance.

Mark Gisler , and Jean-Marc Favreau , Washington, DC, were on the brief for amicus curiae Thomas Wolf, Governor of Pennsylvania, in support of appellees. Michael J. Gan , Washington, DC, entered an appearance.

Adina H. Rosenbaum , Washington, DC, and Adam R. Pulver , New York, NY, were on the brief for amici curiae Representative Elijah Cummings, et al. in support of appellees.

Before: Griffith and Srinivasan, Circuit Judges, and Randolph, Senior Circuit Judge.


In May 2018, the President issued three executive orders regarding relations between the federal government and its employees. Unions representing federal employees brought suit in the district court challenging various aspects of the orders. The district court concluded that certain provisions in the orders were unlawful...

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