AFGE v. Trump (AFGE injunction 2025)
Case Overview
The government appealed Judge Donato's order granting a preliminary injunction which prevented the Trump administration from implementing the executive order which would rescind collective bargaining agreements signed under the Biden administration.
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The Ninth Circuit panel assumed without deciding that the unions made out a prima facie case of retaliation, but held that the government showed, on the existing record, that President Trump would have issued Executive Order 14,251 even absent any retaliatory motive, since the order's text points to national security concerns rather than animus against the unions for suing or criticizing the administration. Because the unions did not show a likelihood of success on the merits, the panel did not need to resolve the remaining preliminary injunction factors, irreparable harm, the balance of equities, and the public interest, though it noted the government had the stronger position on those factors as well.
The Conclusion
A three judge panel of the Ninth Circuit, Judges Owens, Bade, and Bress, vacated the district court's preliminary injunction on February 26, 2026. The panel held that the unions had not shown a likelihood of success on their claim that Executive Order 14,251 was issued in retaliation for their protected First Amendment activity, since the order's text points to national security concerns rather than retaliatory animus. Judge Bress wrote the opinion and Judge Owens wrote separately to note that review of a preliminary injunction is limited and may not predict how the case is ultimately decided on the merits. On June 17, 2026, the court issued an order and amended opinion that updated the caption to reflect new officials sued in their official capacities, without altering the panel's holding.
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