Judge Slaps Down RFK Jr’s Likely ‘Unlawful’ Mass Layoffs at HHS
By Brad Reed | Common Dreams on Comments Off on Judge Slaps Down RFK Jr’s Likely ‘Unlawful’ Mass Layoffs at HHS
“We’re not going to let Trump and RFK Jr. dismantle our nation’s health systems to promote conspiracy theories and tax breaks for billionaires,” said Connecticut Attorney General William Tong.
RFK Jr. Image-Gage Skidmore-Creative Commons Attribution-Share Alike 3.0 Unported license.
A federal judge on Tuesday blocked planned mass layoffs at the Department of Health and Human Services while declaring that the firings were likely unlawful.
Judge Melissa DuBose of the United States District Court for the District of Rhode Island ruled that the Trump administration exceeded its legal authority when it moved to lay off thousands of HHS employees on the grounds that such large-scale firings would leave the agency unable to fulfill its legislatively mandated duties that can only be altered by an act of Congress.
“The executive branch is vested with the power and is imbued with the responsibility to faithfully execute the laws which govern the governance structure of our country,” wrote DuBose. “The executive branch does not have the authority to order, organize, or implement wholesale changes to the structure and function of the agencies created by Congress.”
DuBose further noted that courts have the power to “set aside” actions taken by federal agencies that are “unlawful,” and she argued that the actions taken by HHS under the leadership of Trump-appointed Secretary Robert F. Kennedy Jr. likely flouted the law.
The judge granted a preliminary injunction against the agency and blocked it from carrying out its planned reduction in staffing that it first announced this past March 27. HHS has until July 11 to file a status report affirming compliance with the court’s order.
The lawsuit was originally filed by the attorneys general of 19 states plus the District of Columbia, who alleged that the layoffs violated the United States Constitution’s separation of powers doctrine, as well as the Constitution’s appropriations clause and the Administrative Procedure Act that prohibits agencies from taking “arbitrary and capricious” actions.
Connecticut Attorney General William Tong took a victory lap in the wake of the ruling but cautioned that there was still a long fight ahead to save HHS.
President Donald Trump and Kennedy “are playing dangerous games with the health and safety of American families, and we just stopped them,” he said. “Today’s order means vital programs and services—including those supporting Head Start, disease monitoring at Centers for Disease Control and Prevention, [Supplemental Nutrition Assistance Program] and Medicaid eligibility, and others—will remain accessible. This is still the beginning of a long fight ahead, but we’re not going to let Trump and RFK Jr. dismantle our nation’s health systems to promote conspiracy theories and tax breaks for billionaires.”
