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With the federal government shutdown now two weeks old and counting, a federal judge in San Francisco will weigh whether to temporarily halt the latest wave of layoffs by the Trump administration.

U.S. District Judge Susan Illston will hear preliminary arguments on Wednesday in a case brought by the American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME), which together represent more than 800,000 federal workers.

In a brief filed with the court Tuesday, the unions accuse the Trump administration of "using federal employees as pawns to impose political pressure on the Administration's perceived opponents in Congress."

They ask the court for a temporary restraining order to pause the implementation of layoffs already underway and stop any additional layoff notices from being sent out.

"It's an illegal abuse of power designed to punish patriotic civil servants and put pressure on Congress," AFGE president Everett Kelley said in 

The Trump administration has argued the court lacks jurisdiction to hear the case. From their standpoint, the steps the president has taken are fully within his authority as head of the executive branch, and any pause would be inappropriate.

"The President, through [the White House Office of Management and Budget], has determined that agencies should operate more efficiently and has directed them to consider steps to optimize their workforces in light of the ongoing lapse in appropriations," attorneys for the administration wrote in their brief to the court. "A TRO would prevent agencies from taking steps to implement this policy priority."

The hearing comes as the Trump administration has 

, known as reductions-in-force, or RIFs. On Friday, at least seven different agencies sent RIF notices to more than 4,000 federal employees, according to 

 from Stephen Billy, a senior advisor to the White House Office of Management and Budget (OMB). Noting that the situation is "fluid and rapidly evolving," Billy cautioned that the numbers could change.

On Tuesday, the Trump administration provided a 

 with a slightly lower count, but again emphasized that "agencies are continually finalizing their RIF plans."

Trump says layoffs affect ‘Democrat-sponsored programs’

The lawsuit was originally filed in response to a 

 a week before the shutdown. It urged agencies to use the lapse in funding as an opportunity to consider laying off employees who work on programs and activities not consistent with President Trump's priorities.

Trump has blamed Democrats for the shutdown

 and claimed that his administration had no choice but to permanently cut some federal jobs due to the lapse in Congressional appropriations, a radical departure from past shutdowns in which the government has only temporarily furloughed employees.

called the shutdown an "unprecedented opportunity

" given to him by Democrats to reshape the government.

"We're ending some programs that we don't want. They happen to be Democrat-sponsored programs, but we're ending some programs that we never wanted and we're probably not going to allow them to come back," Trump told reporters aboard Air Force One on Sunday. "I think they made a mistake. I think they made a big mistake."

the Office of Special Education and Rehabilitative Services

 at the Department of Education; the Office of Fair Housing and Equal Opportunity at the Department of Housing and Urban Development; the Office of Energy Efficiency and Renewable Energy at the Department of Energy; as well as parts of the Internal Revenue Service, 

the Substance Abuse and Mental Health Services Administration

, and the Centers for Disease Control and Prevention (CDC), among other agencies.

More than half of the 1,300 CDC employees who received layoff notices on Friday 

subsequently had those notices reversed over the weekend

 filed with the court on Tuesday, Thomas Nagy, an official at the Department of Health and Human Services (HHS), which includes the CDC, confirmed that due to "data discrepancies and processing errors," RIF notices were erroneously issued to nearly 800 HHS employees.

Unions: Trump cannot use shutdown to cut programs

The federal employee unions argue in their complaint that OMB and its director Russell Vought take the "legally unsupportable position" that the lapse in appropriations eliminates federal agencies' legal requirements to carry out programs Congress had previously funded.

The unions allege the memo issued by OMB before the shutdown unlawfully directs agencies to disregard their own authorizing statutes.

The unions also take issue with guidance the Office of Personnel Management (OPM) subsequently put out, which informs agencies that employees needed to implement RIFs could be directed to work during the shutdown. The unions say this is a violation of the Antideficiency Act, the law that bars federal agencies from spending money during a shutdown, with only narrow exceptions including work that involves "the safety of human life or the protection of property."

"Administration of a RIF is in no way necessary to protect life or property from imminent harm," the complaint states.

The unions have asked the court to declare that both OMB and OPM have exceeded their statutory authorities and acted in an arbitrary and capricious manner, and to invalidate any actions that may come from the memos and guidance issued.

Trump administration says the court lacks jurisdiction

The lawsuit originally named OMB and OPM, along with their directors, as defendants. It was later amended to include more than 30 federal agencies.

 filed Friday, the Trump administration urged the court to reject the unions' demands for a temporary restraining order, arguing that the court lacks jurisdiction to hear a case involving federal employment issues. The government points out that Congress created a federal agency, the Merit Systems Protection Board, to handle such matters, although 

 under the current administration. It is also almost entirely shut down at the moment.

Attorneys for the government further argued that any decisions to RIF employees were being made by the agencies in accordance with proper procedures, noting that 26 agencies named as defendants in the lawsuit had yet to announce RIFs.

For Judge Illston, another chance to weigh in on federal layoffs

This is the second case involving the Trump administration's mass layoffs that Illston is presiding over this year. In May, the Clinton-appointed judge 

indefinitely paused Trump's sweeping overhaul of the government

, finding that the president had failed to obtain authorization from "his co-equal branch and partner, the Congress," as required by law.

"Agencies may not conduct large-scale reorganizations and reductions in force in blatant disregard of Congress's mandates, and a President may not initiate large-scale executive branch reorganization without partnering with Congress," Illston wrote in her decision.

The Trump administration appealed the ruling, eventually asking the Supreme Court to weigh in. In a decision issued on its shadow docket, 

, allowing the Trump administration to resume layoffs while the lower courts consider whether the RIFs being carried out by agencies are lawful.

Subsequently some agencies, including those within HHS, finalized 

. But many others said they would not be making further staffing cuts given the large number of federal employees who resigned or retired this year. In fact, 

some agencies have since hired people back

Although the Trump administration has characterized the latest round of RIFs as a consequence of the shutdown, many federal employees have told NPR they believe the layoffs are merely 

a continuation of the president's efforts to slash the federal government

 – an effort that has been well underway since January.

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Andrea Hsu

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Unions representing federal employees have asked a federal judge in San Francisco to halt the Trump administration’s latest round of layoffs, which are coming amid the government shutdown.

Thousands of federal employees are getting laid off. Will a judge intervene?

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