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The First Amendment as Government Workers’ Protection of Last Resort

Mar 30, 2026 Mason Barnard

The Trump administration has devastated the government workforce and the legal protections that guard it. Shortly after entering office, the administration voided collective bargaining agreements made in the waning days of the Biden administration and empowered the Department of Government Efficiency (DOGE) to engage in large-scale force reductions. In July, the administration recategorized thousands of federal […]

Unions Challenge Loyalty Test in Trump’s Merit Hiring Plan

Nov 21, 2025 Amy L. Eisenstein

In a prior post, I argued that President Trump’s Merit Hiring Plan may violate the First Amendment. This week, several unions — the American Federation of Government Employees, the American Federation of State, County & Municipal Employees, and the National Association of Government Employees — raised the same concern. As Law360 reports, on November 18, the coalition of unions sought […]

The Loyalty Litmus Test in Federal Hiring

Nov 21, 2025 Amy L. Eisenstein

President Trump’s second term has been characterized by demands for intense political loyalty, value-laden executive orders, and attacks on the civil service. Consistent with this trend, the Administration in May issued a “Merit Hiring Plan” to federal agencies. It purports to construct “a Federal workforce dedicated to American values.” This post argues that the Plan may instead encourage job applicants […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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The First Amendment as Government Workers’ Protection of Last Resort

Unions Challenge Loyalty Test in Trump’s Merit Hiring Plan

The Loyalty Litmus Test in Federal Hiring