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Judge Blocks State Department Layoffs Under Shutdown Law

The judge said Congress’s stopgap spending law plainly bars agencies from using funds for reductions in force through Jan. 30.

Overview

  • U.S. District Judge Susan Illston issued a temporary restraining order halting State Department terminations scheduled for Friday.
  • Her order cites Section 120 of the continuing resolution, which prohibits agencies from initiating, carrying out, implementing, or noticing reductions in force until Jan. 30.
  • Illston found the unions are likely to prevail and rejected the administration’s view that pre-shutdown RIFs are exempt.
  • AFGE and AFSA moved to block more than 1,300 planned cuts at State while pursuing broader relief covering Education, Defense, GSA, and SBA.
  • Plaintiffs are also seeking to undo separations already executed during the shutdown, highlighting harms to employees’ health care and overseas postings.