CHICAGO – Attorney General Kwame Raoul, as part of a coalition of 23 attorneys general, filed an amicus brief in support of the American Federation of Government Employees’ (AFGE) lawsuit defending the right of many federal employees to collectively bargain for better wages and working conditions, and to exercise their First Amendment right to free speech.
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“As our nation celebrates Labor Day, I am proud to support the rights of federal workers to collectively bargain and to exercise their right to free speech,” Raoul said. “I remain committed to defending the rights of federal workers from overreach by this administration and to defending the rights of all workers, in Illinois and across the country.”
On March 27, President Trump issued an executive order that purported to ban most federal employees from collective bargaining under the guise of national security concerns. At the same time, a “Fact Sheet” filed by the White House explained that the unions targeted by this order were ones the president views as “hostile” to his agenda. AFGE filed a lawsuit challenging the executive order as retaliation for constitutionally protected speech by the targeted unions and won a preliminary injunction from the U.S. District Court for the Northern District of California blocking the order. The Trump Administration has appealed.
The coalition’s amicus brief argues that the preliminary injunction was correct, and President Trump’s executive order should be blocked. In their amicus brief, the coalition argues that the federal government’s decision to exclude these employees from collective bargaining is an attempt to punish several labor unions for engaging in speech that the administration deems hostile to its agenda, in violation of the First Amendment. Among other things, the coalition argues that the district court correctly considered all relevant circumstances, including the White House fact sheet labeling the unions “hostile” to the administration, in enjoining the executive order.
Joining Attorney General Raoul in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
