WASHINGTON D.C. — Today, a bipartisan group of more than 90 former cabinet secretaries, agency administrators, and other senior federal officers and employees filed an amicus brief opposing the Trump administration’s executive order stripping two-thirds of federal employees of their right to collectively bargain on national security grounds. In AFGE v. Trump, the plaintiffs argue the executive order was retaliation for engaging in activity protected by the First Amendment, as well as for filing legal challenges to the administration.

The brief, filed in the 9th U.S. Circuit Court of Appeals, supports the lower court’s grant of a preliminary injunction, which blocked the order. It argues that the injunction was necessary because the executive order targeted unions for opposing President Trump’s actions.

The brief states, “Amici are committed to the vigorous protection of national security, but also the vigorous protection of the constitutional rights to speak, associate, and protest against government action. Amici believe the Order infringes those fundamental rights in a manner that is not plausibly related to protection of national security and that it would be tragic, not simply ‘ironic’ if, in the name of national defense, we would sanction the subversion of one of those liberties... which makes the defense of the Nation worthwhile.” United States v. Robel, 389 U.S. 258, 264 (1967).

The amici curiae are represented by Ambassador Norm Eisen (ret.) and Harold Craig Becker of Democracy Defenders Fund.

The brief is available HERE and the full list of amici is below:

Department of Agriculture

Kathleen A. Merrigan, PhD, Deputy Secretary, 2009–2013; Administrator, Agricultural Marketing Service, 1999–2001.

Kevin Shea, Principal Senior Advisor to the Deputy Secretary, 2024-2025; Administrator of the Animal and Plant Health Inspection Service, 2012-2023; Associate Administrator, 2004-2012.

Anita Adkins, Chief Human Capital Officer, 2022-2025.

Roberta Jeanquart, Chief Human Capital Officer, 2015-2017.

William Milton, Chief Human Capital Officer and Human Resources Director, 2012-2015; Deputy Chief Human Capital Officer, 2010-2012; Assistant Administrator of Management, 2003-2008; Director of Labor and Employee Relations, Food Safety Inspection Service, 2000-2003.

Department of Energy

Jennifer Granholm, Secretary, 2021-2025.

Kevin Knobloch, Chief of Staff, 2013-2017.

Sean A. Lev, Acting General Counsel, 2011; Deputy General Counsel for Environment & Nuclear Programs, 2009-2011.

David Turk, Deputy Secretary, 2021-2025.

Sam Walsh, General Counsel, 2021-2025.

Department of Health and Human Services

Xavier Becerra, Secretary, 2021-2025.

Kathleen Sebelius, Secretary, 2009-2014.

Donna Shalala, Secretary, 1993-2001.

Samuel Bagenstos, General Counsel, 2022-2024.

William B. Schultz, General Counsel, 2011-2016.

Department of the Interior

Bruce Babbitt, Secretary, 1993-2001.

Deb Haaland, Secretary, 2021-2025.

Robert T. Anderson, Solicitor, 2021-2025; Counselor to the Secretary, 1997-2000; Associate Solicitor 1995-1997.

John D. Leshy, Solicitor, 1993-2001; Associate Solicitor, 1977-1980.

Department of the Treasury

Janet L. Yellen, Secretary, 2021-2025.

Rochelle Granat, Assistant General Counsel (General Law, Ethics and Regulation), 2010–2017; Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer, 2006–2010.

Mark Patterson, Chief of Staff to the Secretary, 2009-2015.

Sarah Bloom Raskin, Deputy Secretary, 2014-2017.

Daniel Werfel, Commissioner of Internal Revenue, 2023-2025; Acting Commissioner, 2013.

Department of Veterans Affairs

Kayla M. Williams, Assistant Secretary of Public and Intergovernmental Affairs, 2021-2022.

Environmental Protection Agency

Carol M. Browner, Administrator, 1993-2001.

Gina McCarthy, Administrator, 2013-2017; Deputy Administrator, 2009-2012.

William K. Reilly, Administrator, 1989-1993.

Avi Garbow, General Counsel, 2013-2017.

Federal Communications Commission

Nicholas Johnson, Commissioner, 1966-1973.

Christopher Wright, General Counsel, 1997-2001; Deputy General Counsel, 1994-1997.

US Agency for International Development

Samantha Power, Administrator, 2021-2025.

Nick M. Gottlieb, Director, Employee and Labor Relations, 2019-2025.

###

Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.