Ag Policy Blog
Legal Battles Could Stall USDA's Next Reorganization and Job Cuts
The reorganization and potential "reduction in force" (RIF) at USDA and other federal departments hinges on a hearing set for Thursday in the U.S. District Court of Northern California, unless the Supreme Court chooses to step in.
The RIF plans across federal agencies are currently under a temporary restraining order issued by U.S. District Judge Susan Illston stemming from a request filed by multiple unions representing federal employees. Illston had initially ruled the administration's plans for mass firings and department realignments are illegal because they lacked congressional approval. The cuts also pose a threat to critical services.
Trump had signed an executive order on a DOGE "Workforce Optimization Initiative," directing every federal agency to initiate reductions in force and develop reorganization plans.
Rollins noted Monday that USDA already has 15,000 fewer employees than it did at the beginning of the year, going from 113,000 to roughly 98,000.
Illston's court has a hearing set for Thursday to hear arguments for a broader preliminary injunction against the administration. Her ruling, however, could be overriden because the administration filed an emergency appeal with the Supreme Court last Friday. As of Tuesday afternoon, the High Court had not taken any action.
Agriculture Secretary Brooke Rollins alluded to the litigation holding up her plans on Monday when she spoke to reporters. Rollins had set a May 27 target date to announce a USDA reorganization plan but USDA "got caught up in litigation over it, but hopefully as soon as possible," she said
"The plan is ready. We're ready to announce it. We're excited about it. It's going to be about realigning and refocusing USDA around its original intended mission."
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Politico had reported earlier on Monday that USDA would announce its reorganization on May 27, based on documents Politico had obtained. The Politico article also suggested USDA would offer another deferred resignation program (DRP) for employees starting in June.
Rollins refuted that idea of another DRP when she spoke to reporters in Nebraska. Rollins said she did not think the department would be offering any more DRP plans to employees after the latest round in April. "There's no doubt we need to realign to better serve our farmers but there is no plan to go deeper through DRP than what we've already done," she said.
Rollins has made it clear that a big part of her plan is to move more federal employees out of the Washington, D.C., area. "That will include, not surprisingly, some potential move out of Washington, D.C., to where we can serve our customers better as well as being more efficient and more effective with taxpayer dollars. So, it's coming and it's dependent on litigation. Hopefully soon."
The court case complicated those plans and others. Senators on Tuesday tried to ask Health and Human Services Secretary Robert F. Kennedy Jr. about reorganization at HHS. Kennedy said he could not talk about it because of the temporary restraining order.
In its court filings in the Northern District of California, the White House said the court case do not belong in a federal district court. The administration stated that federal law expressly permits RIFs.
Details continue to get teased out on different agencies. Associated Press reported Tuesday the Trump administration would shift 1,600 firefighters and other staff from the U.S. Forest Service – a USDA agency – along with firefighters from Department of Interior -- over into a new agency, the "Federal Wildland Fire Service" under the Department of Interior's oversight.
The acting chief of the U.S. Forest Service just last week testified before the Senate Agriculture Committee on a bill, the "Fix Our Forests Act," that a bipartisan group of senators would like included in the farm bill. A big part of the bill is trying to find ways to reduce fires in the national forests.
Also see, "USDA's Rollins Champions Small Farmer Plan, Ag Labor Fix and Banning Soda in SNAP," https://www.dtnpf.com/…
Chris Clayton can be reached at Chris.Clayton@dtn.com
Follow him on social platform X @ChrisClaytonDTN
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