President Donald Trump speaks to reporters during an executive order signing with Elon Musk, who leads the so-called Department of Government Efficiency, in the Oval Office of the White House in Washington, on Tuesday, Feb. 11, 2025. The latest executive order by the president made clear that the billionaire’s cost-cutting team will have continuing oversight of the Civil Service. (Eric Lee/The New York Times)
The Trump administration moved Wednesday to close entries for the deferred resignation program for federal workers and continue to next steps, after a federal judge’s assent.
The court victory allowed the White House to advance a crucial part of its plan to reduce the federal workforce through mass payment offers.
In a ruling denying a request to halt the plan, Judge George A. O’Toole Jr., a U.S. District Court judge in the District of Massachusetts, did not weigh in on the program’s legality. The judge wrote that the plaintiffs, which included unions representing federal workers, were not directly affected by the incentive plan, known as “Fork in the Road,” and lacked standing to challenge it.
“The unions do not have the required direct stake in the Fork directive,” O’Toole wrote, adding that they were “challenging a policy that affects others, specifically executive branch employees.”
“This is not sufficient” for standing, he wrote in his five-page decision.
The unions challenging the plan had sought a temporary restraining order to block the plan from proceeding. In his ruling, O’Toole added that precedent from previous cases showed that the court did not have subject matter jurisdiction to consider the unions’ claims.
The decision was a win for the Trump administration, which has been stymied by a series of other court rulings in recent days that have slowed efforts to freeze federal spending and put significant numbers of employees on leave.
A deadline last week to accept the resignation offers was extended while the judge deliberated the case. About 75,000 workers accepted the offers, according to the Office of Personnel Management.
“As of 7 p.m. tonight, the program is now closed,” McLaurine Pinover, a spokesperson for the Office of Personnel Management, said Wednesday. “There is no longer any doubt: The deferred resignation program was both legal and a valuable option for federal employees.”
Elon Musk, the world’s richest man, who has led an aggressive attempt to shrink and reshape federal government institutions with the approval of President Donald Trump, had pushed employees to take the resignation incentive offer, which promised pay through September.
Critics had argued that the offer was not trustworthy, in particular because Congress had not funded any part of the federal government past March 14.
The suit to stop the program, filed by the liberal nonprofit group Democracy Forward as well as three government unions — the American Federation of Government Employees, the American Federation of State County and Municipal Employees, and the National Association of Government Employees — argued that the offer was unlawful, in part because Congress had not appropriated the funds needed to compensate the workers who took up the offer.
In a statement, the leader of AFGE, the largest federal employee union, noted that the ruling did not address the legality of the resignation program and said that the union’s lawyers were considering their next steps.
“Today’s ruling is a setback in the fight for dignity and fairness for public servants,” said Everett Kelley, the union’s president.
The 75,000 government employees who volunteered for the resignation program represent about 3% of the civilian federal workforce.
That is short of the stated goal of the Trump administration to drastically reduce the size of the federal workforce. In any given year, more than 5% of federal workers will either retire or quit their jobs, according to data from the federal government.
Still, the mass resignation of tens of thousands of government employees could have far-reaching effects on American society.
Routine activities like traveling, renewing passports or filing a tax return could be delayed or disrupted. The operation of national parks and museums, and the administration of benefits like Social Security, Medicare, veterans’ care and food stamps could also be affected. Regulators and inspectors for food, water, drugs and workplace safety could also leave the government.
c.2025 The New York Times Company. This article originally appeared in The New York Times.
