AFGE v. Trump update

AFGE v. Trump (9th Cir 08/01/2015) [PDF]: The court granted an emergency stay of the district court’s preliminary injunction of Executive Order 14,251, Exclusions From Federal Labor-Management Relations Programs, which would withdraw collective bargaining rights for government workers in nearly two dozen agencies.

The court focused on the unions’ claim that the EO was 1st amendment retaliation.

The court said, “We conclude the government has shown that it is likely to succeed on the merits of the retaliation claim. Even assuming that Plaintiffs have made out a prima facie claim of retaliation, on this record the government has shown that the President would have taken the same action even in the absence of the protected conduct.”