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Fact check: Under what authority is the president conducting layoffs of civil servants not in a policy making position?

Checked on July 16, 2025

1. Summary of the results

Based on the analyses provided, the president is conducting layoffs of civil servants not in policy-making positions under the authority of workforce executive orders and workforce memorandums [1]. The Supreme Court has deemed these actions likely lawful, clearing the way for the Trump administration to pursue mass federal layoffs without requiring congressional approval [2] [3].

The implementation is widespread across multiple agencies. The State Department has already enacted layoffs of over 1,300 employees, including both civil service and foreign service staff as part of a broader government reorganization and downsizing effort [4]. The Office of Personnel Management Senior Advisor Noah Peters has submitted written testimony supporting the administration's position that Reduction in Force (RIF) plans should not be made public, arguing they are "moving targets" [5].

2. Missing context/alternative viewpoints

The original question lacks several crucial pieces of context revealed in the analyses:

  • Legal framework: The analyses reference the Civil Service Reform Act of 1978 and the Merit Systems Protection Board as relevant legal structures, though their specific role in authorizing these layoffs is not clearly detailed [6] [7].
  • Historical precedent: There is significant historical context involving civil service protections dating back to the Pendleton Act and Lloyd-LaFollette Act, suggesting these layoffs may represent a departure from established merit system principles [8].
  • Operational flexibility: Some agencies are walking back their planned layoffs due to incentivized departures and natural attrition, indicating the scope of layoffs may be less extensive than initially planned [1] [5].
  • Transparency concerns: The Trump administration is refusing to disclose details of RIF plans despite court orders, raising questions about oversight and accountability [1].

Alternative viewpoints that would benefit from this narrative include:

  • Government efficiency advocates who support reducing federal workforce size
  • Private sector contractors who might benefit from outsourced government functions
  • Political appointees who may gain more control over agency operations

3. Potential misinformation/bias in the original statement

The original question contains an implicit assumption that may be misleading. By asking "under what authority" the president is conducting these layoffs, it suggests there may be questionable legal grounds for the actions. However, the analyses show that the Supreme Court has already cleared the way for these layoffs, finding them likely lawful [2] [3].

The question also fails to acknowledge that this is part of a broader, systematic reorganization effort rather than arbitrary firings, as evidenced by the State Department's structured approach to cutting 1,353 staff positions [4]. The framing could mislead readers into thinking these are unauthorized actions when they appear to have legal backing through executive orders and Supreme Court approval.

Additionally, the question doesn't recognize that some agencies are reassessing their staffing needs and modifying their layoff plans based on natural attrition [5], suggesting a more nuanced implementation than the question implies.

Want to dive deeper?
What is the legal basis for presidential authority over federal employee layoffs?
How do civil service laws protect non-policy making federal employees from layoffs?
What role does the Office of Personnel Management play in federal employee layoffs?
Can Congress limit the president's authority to conduct layoffs of civil servants?
What are the differences between layoffs and reductions-in-force for federal employees?