California Attorney General Rob Bonta has joined a coalition of 22 attorneys general in filing an amicus brief in support of a legal challenge to an executive order issued by former President Donald Trump. The case, American Federation of Government Employees (AFGE), et al. v. Trump, et al., is currently before the United States Court of Appeals for the Ninth Circuit.
The challenged executive order, issued on March 27, 2025 and titled “Exclusions from Federal Labor-Management Relations Programs,” claims that over 40 federal agencies—including the Department of Veterans Affairs and the Animal and Plant Health Inspection Service—are involved in national security work to such an extent that collective bargaining rights under the Federal Service Labor-Management Relation Statute (FSLMRS) should not apply to them. FSLMRS provides federal employees with collective bargaining rights and outlines requirements for negotiations between unions and federal agencies regarding employment terms.
Attorney General Bonta stated, “I stand alongside attorneys general across the nation in full support of the unions challenging the Trump administration’s unlawful and overreaching executive order. Once again, the Trump administration not only violated labor law but also retaliated against unions for exercising their First Amendment rights to advocate for fair treatment for their members. At the California Department of Justice, we remain unwavering in our commitment to protecting the rights of working Americans across this country.”
The AFGE and other unions filed suit alleging that the executive order unlawfully retaliates against unions for exercising First Amendment rights and exceeds presidential authority under FSLMRS. On June 24, 2025, a district court granted a preliminary injunction halting implementation of the order after finding serious questions about possible violations of union members’ constitutional rights. The federal government appealed this decision two days later, and on August 1, 2025, the Ninth Circuit Court of Appeals stayed the injunction pending appeal.
In their amicus brief, Bonta and his counterparts argue that rescinding collective bargaining protections would harm federal employees residing in their states who depend on union representation at work. The brief also urges rejection of arguments limiting what evidence can be considered regarding potential retaliation by the administration.
Attorneys general from Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin joined California in submitting the brief.
A copy of the brief is available online.
