The Solidarity Docket
Weekly Dispatch from Suzanne Summerlin, General Counsel
October 17, 2025
Friends,
This week brought a significant legal victory in the shutdown fight: a federal court in the Northern District of California issued a Temporary Restraining Order halting further agency layoffs. The order, granted October 16, blocks the administration from processing or implementing any new reductions in force while the court considers the unions’ broader challenge to OPM and OMB’s shutdown directives.
TRO Halts Shutdown RIFs
The lawsuit was filed by AFGE, AFSCME, and Democracy Forward. It argues that the administration’s attempt to treat RIF processing as “excepted work” violates the Antideficiency Act and exceeds executive authority. The court agreed that the plaintiffs had shown a strong likelihood of success on the merits and that irreparable harm to federal employees was imminent.
In its filings, the government acknowledged that it had already initiated layoffs across multiple agencies:
Agency RIFs Initiated
Commerce 600
Education 466
Energy 187
Environmental Protection Agency 28
Health and Human Services 982
Housing and Urban Development 442
Homeland Security 54
Treasury 1,377
It remains unclear how many of these notices were rescinded before the TRO took effect, but the ruling freezes any new actions for at least two weeks. A further hearing is set for October 28.
This decisive intervention underscores the power of organized legal action. AFGE, AFSCME, and Democracy Forward deserve enormous credit for defending the merit system and every federal worker facing unlawful termination.
Read the full Order Granting Temporary Restraining Order (PDF) here.
Other Developments in the Shutdown Landscape
OPM and Holiday Pay Guidance: OPM confirmed that both excepted and furloughed employees will receive regular and premium pay for holidays that occur during the shutdown once appropriations are restored.
Hiring Freeze Reforms: A new Ensuring Continued Accountability in Federal Hiring memo requires each agency to establish a Strategic Hiring Committee and submit annual staffing plans to OMB and OPM.
FEA v. Trump Injunction Upheld: The D.C. Circuit refused to stay the injunction protecting DoDEA educators from Executive Order 14251, noting the government’s “failure to show irreparable injury.” This is a relief for educators working overseas to teach children on military bases.
For live updates on this case and others challenging shutdown actions, see our continuously updated: Federal Worker Litigation Tracker.
In solidarity,
Suzanne Summerlin
General Counsel, Rise Up: Federal Workers Legal Defense Network
