Trump tried to use a series of executive orders to gut the collective bargaining rights of federal workers, but a federal judge has struck down Trump’s actions.
Here is the ruling from U.S. District Judge Ketanji Brown Jackson:
In case you didn’t read all 122 pages, Brown Jackson ruled:
In short, there is no dispute that the principle mission of the FSLMRS is to protect the collective bargaining rights of federal workers, based on Congress’s clear and unequivocal finding that “labor organizations and collective bargaining in the civil service are in the public interest.” 5 U.S.C. § 7101(a). Congress did not intend for union challenges to the validity of executive orders that threaten such collective bargaining rights to be funneled to the FLRA.
Upon exercising its subject-matter jurisdiction over the ripe claims that the Unions bring here, this Court has concluded that many of the challenged provisions of the Orders at issue here effectively reduce the scope of the right to bargain collectively as Congress has crafted it, or impair the ability of agency officials to bargain in good faith as Congress has directed, and therefore cannot be sustained.
Trump Tried To Do What Republicans Falsely Claimed Obama Did
Trump tried to change existing legislation through a series of executive orders. Paul Ryan and Mitch McConnell used to seethe and claim that Obama was legislating through executive, but Trump really did it. He tried to change the legislatively protected rights of federal workers to make it easier to fire them, and the judge called him out on it. The president can’t change what Congress has done legislatively through an executive order. Trump overreached on presidential power, and that is why the judge struck down these orders.
This is a big defeat for Trump
The executive orders on firing federal workers have been a big talking point for Trump at his rallies and events. When the president lists his meager accomplishments, he always points out that he made it easier to fire federal workers. Trump’s goal has been to dismantle the power of public sector unions, but at least regarding federal workers, he suffered a defeat that will take away one of his major talking points.
The good news is that even though Republicans have abandoned the role of Congress as a co-equal branch of government, the judicial system is working and providing a critical check on the behavior and actions of Trump.
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Member of the Society of Professional Journalists and The American Political Science Association
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