Trump-appointed judge tosses White House lawsuit against labor unions
'This Court is unable to identify a single instance in which a federal court has exercised jurisdiction over agencies seeking a pre-enforcement declaratory judgment approving their desired future course of conduct,' Albright wrote in a 27-page ruling Wednesday.
He said that doing so would risk opening a 'Pandora's Box' in which the executive branch would begin to routinely go to court to greenlight its executive orders.
Albright also noted that a different federal judge in Kentucky came to the same conclusion on standing back in May.
Nevertheless, he wrote that the administration offered 'compelling arguments' supporting Trump's determination that these agencies are primarily engaged in national security work and, therefore, can be exempted from unionization.
The White House and AFGE did not immediately respond to requests for comment.
In the aftermath of Trump's executive order, agencies worked to stop deducting union dues from workers' paychecks — a critical blow to AFGE's and other groups' ability to fund their operations. Unions have moved to set up alternative collections mechanisms but have said in court papers that the administration's decision will cost them millions of dollars.
Unions have filed lawsuits of their own in multiple courthouses across the country.
Several district court judges have ruled against the White House, casting doubt on the sincerity of Trump's national security justification. Lawyers for the affected unions cited a White House fact sheet and other evidence that the executive order was actually intended as a retaliatory measure against labor groups for challenging the president's policies.
However, a D.C. appellate court in May lifted a lower-court block against the Trump administration and signaled that the president should have considerable leeway when it comes to national security implications. An appeals court in California likewise appeared reticent to overrule Trump's determination in a hearing earlier this month.
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