Current Status: Awaiting decision

Case Name: AFSA v. Trump, 1:25-cv-01030, (D.D.C.) (District Court), AFSA v. Trump, 25-5184, (D.C. Cir.) (Court of Appeals)

Complaint Filed: April 6, 2025

Primary Counsel: Richard J. Hirn, Esq., Keith R. Bolek, Esq., O’Donoghue and O’Donoghue

Why AFSA filed this case: AFSA filed suit against the U.S. government following an executive order signed by President Trump that revoked collective bargaining rights for 97% of AFSA’s bargaining unit members. This action undermines critical protections for Foreign Service employees and threatens their ability to serve effectively. AFSA’s lawsuit raises violations, by the Trump Administration, of separation of powers, First Amendment rights, and the Administrative Procedure Act.

State of Play: Awaiting decision from the Court of Appeals

Next expected step: Decision from the D.C. Circuit on whether the courts have jurisdiction to hear plaintiff’s claims and whether the District Court’s preliminary injunction, which is currently stayed by the D.C. Circuit, should stand.

Current Status: On appeal

Case Name: AFGE v. Trump, 25-5290, (D.C. Cir.) (Court of Appeals)

Complaint Filed: February 6, 2025

Primary Counsel: Democracy Forward Foundation, Public Citizen

Why AFSA filed this case: AFSA, along with co-plaintiffs, filed this lawsuit challenging the Trump administration’s unlawful dismantling of USAID without congressional authorization.

State of Play: Awaiting oral arguments before the Court of Appeals.

Next expected step: Oral arguments scheduled for April 23, 2026.

The court will ultimately rule on whether the district court was correct to dismiss the case for lack of jurisdiction, and whether the plaintiffs can pursue their claims in federal court under their chosen legal theories.

Current Status: Granted

Case Name: Widakuswara v. Lake,1:25-cv-01015, (D.D.C.) (District Court), Widakuswara v. Lake, 25-5144, (D.C. Cir.) (Court of Appeals)

Complaint Filed: March 21, 2025 (in the Southern District of NY), transferred to U.S. District Court for Washington, D.C. on April 4, 2025

Primary Counsel: Emery Celli Brinckerhoff Abady Ward & Maazel, Ballard Spahr LLP, Government Accountability Project, and Democracy Defenders Fund

Why AFSA filed this case: AFSA, along with co-plaintiffs, filed this lawsuit to challenge the unlawful actions taken by USAGM following Executive Order 14238, which directed massive restructuring and elimination of non-statutory components of USAGM. Plaintiffs argue that USGAM’s actions abruptly dismantled human infrastructure needed for its news networks without adequate legal or procedural basis, causing severe harm to both journalists and the public.

State of Play: On March 17th District Court Judge Royce Lamberth granted a second motion for summary judgment, in plaintiffs' favor, ordering the agency to reverse its decision to place nearly all staff on administrative leave and vacating the agency’s suspension of VOA’s broadcasting operations. This comes after a March 7th order by Judge Lamberth granting plaintiffs’ motion for partial summary judgment, holding that Kari Lake was not eligible to serve as acting CEO and could not lawfully exercise the CEO’s powers through delegation. As a result, any actions she took while serving as acting CEO between July 31 and Nov. 19, 2025, to include the agency’s RIFs, have no legal effect.

Next expected step: Awaiting potential appeal of the March 7th and March 17th orders by the defendants. Awaiting a decision from the Court of Appeals on whether the district court has jurisdiction to hear (and provide) relief that the plaintiffs sought and whether the preliminary injunction was proper.

Current Status: Awaiting decision

Case Name: AFGE, AFL CIO v. OMB, 3:25-cv-08302, (N.D. Cal.) (District Court)

Complaint Filed: September 30, 2025

Primary Counsel: Altshuler Berzon LLP, Democracy Forward Foundation, Democracy Defenders Fund

Why AFSA filed this case: AFSA, along with other federal labor unions, challenged the administration’s plan to fire thousands of federal workers during the 2025 government shutdown, asserting it was unlawful to carry out mass layoffs when funding had lapsed, and statutory protections remained in place.

State of Play: On March 6th, DOJ filed a motion to dismiss arguing that the case is moot as the challenged OMB and OPM RIF guidance and Section 120 of the Continuing Resolution expired on February 13, 2026. They also argue that the claims must be pursued through federal employment review schemes rather than district court, i.e. “channeling.”

Next expected step: Ruling on defendants' motion to dismiss.

Current Status: Awaiting decision

Case Name: AFGE, AFL-CIO v. Trump, 3:25-cv-03698, (N.D. Cal.)

Complaint Filed: April 28, 2025

Primary Counsel: Altshuler Berzon LLP, Democracy Forward Foundation, Democracy Defenders Fund, Protect Democracy, State Democracy Defenders Action

Why AFSA filed this case: The plaintiffs sued to stop Executive Order (EO) 14210 and its implementing directives, which directed large-scale federal workforce reductions (RIFs) and restructuring of federal agencies.

State of Play: On March 9th, the district court issued an order regarding expedited production of discovery by the government. There also continues to be ongoing appellate proceedings. The district court granted a preliminary injunction and temporary restraining order blocking some actions and ordered the government to provide documentation. Although the 9th Circuit stayed and later vacated the district court's preliminary injunction, the appeal of the injunction remains pending.

Next expected step: Decision by the Ninth Circuit Court of Appeals