Judge permits Trump to set ‘Fork in the Road’ deadline for federal employees
However, U.S. District Judge George O'Toole did not comment on the legality of the deferred-resignation program.
TroibNews 
A federal judge has permitted the Trump administration to proceed with its initiative to reduce the federal workforce by offering employees the choice to resign now while remaining on the payroll until September.
U.S. District Judge George O’Toole, appointed by Bill Clinton, did not rule on the legality of the deferred-resignation program. Instead, he determined on Wednesday that several unions who sued over the program do not have the legal standing to take the matter to court.
Referred to as the “Fork in the Road” and backed by Trump advisor Elon Musk, the program initially set a deadline of February 6 for workers to accept the offer.
Last week, O’Toole had temporarily blocked the administration from enforcing that deadline while he reviewed the legal arguments surrounding the case.
However, on Wednesday, the Boston judge rejected the unions’ request for a court order that would maintain the deadline while the program’s legality is under consideration.
The ruling appears to enable the administration to start processing the resignations of employees who have already accepted the offer. According to the Office of Personnel Management, around 75,000 individuals agreed to resign under this program. The administration has indicated that those who decline the deferred-resignation offer may face layoffs or changes in their working conditions, such as being required to work in the office five days a week.
Following the ruling, federal workers received an email from OPM stating, "The Fork in the Road is Closed." The message specified that any resignations submitted after 7:20 p.m. EST on Wednesday would not be accepted as part of the deferred-resignation program.
The unions representing federal workers argued in court that the offer extended to over two million employees lacked clear legal authority and was misleading. They noted that Congress has only appropriated funds through mid-March, suggesting the administration cannot assure continued payment to employees who resign now until September.
In his five-page ruling, O’Toole stated that the unions were not directly affected enough by the initiative to bring the case to court. He also mentioned that individual employees and unions that may be impacted could seek remedies under federal civil service laws, but those complaints must first go through an administrative process before being eligible for court review.
Further legal action is expected. Around the same time O’Toole delivered his decision, a new lawsuit was filed in Washington, D.C., by a union representing Treasury Department employees, asking a judge to rule the deferred-resignation program illegal.
Nonetheless, O’Toole's decision marks a significant court win for the Trump administration amidst numerous legal challenges to the president's initial objectives.
Judges have previously blocked Trump's attempts to implement extensive freezes on federal spending, dismantle the main agency responsible for foreign aid, terminate birthright citizenship for children of undocumented immigrants, and grant Musk’s associates access to sensitive government databases.
Holly Otterbein contributed to this report.
Camille Lefevre contributed to this report for TROIB News
U.S. District Judge George O’Toole, appointed by Bill Clinton, did not rule on the legality of the deferred-resignation program. Instead, he determined on Wednesday that several unions who sued over the program do not have the legal standing to take the matter to court.
Referred to as the “Fork in the Road” and backed by Trump advisor Elon Musk, the program initially set a deadline of February 6 for workers to accept the offer.
Last week, O’Toole had temporarily blocked the administration from enforcing that deadline while he reviewed the legal arguments surrounding the case.
However, on Wednesday, the Boston judge rejected the unions’ request for a court order that would maintain the deadline while the program’s legality is under consideration.
The ruling appears to enable the administration to start processing the resignations of employees who have already accepted the offer. According to the Office of Personnel Management, around 75,000 individuals agreed to resign under this program. The administration has indicated that those who decline the deferred-resignation offer may face layoffs or changes in their working conditions, such as being required to work in the office five days a week.
Following the ruling, federal workers received an email from OPM stating, "The Fork in the Road is Closed." The message specified that any resignations submitted after 7:20 p.m. EST on Wednesday would not be accepted as part of the deferred-resignation program.
The unions representing federal workers argued in court that the offer extended to over two million employees lacked clear legal authority and was misleading. They noted that Congress has only appropriated funds through mid-March, suggesting the administration cannot assure continued payment to employees who resign now until September.
In his five-page ruling, O’Toole stated that the unions were not directly affected enough by the initiative to bring the case to court. He also mentioned that individual employees and unions that may be impacted could seek remedies under federal civil service laws, but those complaints must first go through an administrative process before being eligible for court review.
Further legal action is expected. Around the same time O’Toole delivered his decision, a new lawsuit was filed in Washington, D.C., by a union representing Treasury Department employees, asking a judge to rule the deferred-resignation program illegal.
Nonetheless, O’Toole's decision marks a significant court win for the Trump administration amidst numerous legal challenges to the president's initial objectives.
Judges have previously blocked Trump's attempts to implement extensive freezes on federal spending, dismantle the main agency responsible for foreign aid, terminate birthright citizenship for children of undocumented immigrants, and grant Musk’s associates access to sensitive government databases.
Holly Otterbein contributed to this report.
Camille Lefevre contributed to this report for TROIB News
