Maryland Attorney General Anthony G. Brown joined a coalition of 20 attorneys general in filing an amicus brief supporting a lawsuit by the American Federation of Government Employees challenging a Trump administration executive order that restricts federal employees’ collective bargaining rights, arguing it violates the First Amendment.
Per the news release distributed on Tuesday, September 2: “Attorney General Anthony G. Brown, as part of a coalition of 20 attorneys general, has 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, as well as to exercise their First Amendment rights to free speech.
“Federal workers constitute one in ten Maryland jobs, serving our communities in roles such as nurses at veterans hospitals, environmental scientists, agricultural inspectors, and administrative support specialists,” said Attorney General Brown. “These dedicated public servants deserve a voice in the workplace. Without the right to collectively bargain, they risk losing the protections, fair wages, and safe working conditions they need to support their families and serve the public effectively.”
On March 27, President Trump issued an executive order titled Exclusions from Federal Labor-Management Relations Programs, which sought to ban most federal government employees from collectively bargaining under the guise of national security concerns. A “Fact Sheet” released by the White House at the same time stated that the targeted unions were ones the President viewed as “hostile” to his agenda.
AFGE filed a lawsuit challenging the order, alleging it was retaliation for constitutionally protected speech by the targeted unions, and won a preliminary injunction from the District Court for the Northern District of California, temporarily blocking the order. The Trump administration appealed the injunction and asked the U.S. Court of Appeals for the Ninth Circuit to allow enforcement of the order while the case proceeds.
The coalition’s amicus brief argues in defense of the preliminary injunction, stating that President Trump’s executive order should remain blocked. While a Ninth Circuit panel has temporarily stayed the injunction while the appeal is under review, another Ninth Circuit judge has called for the full en banc court to reconsider the decision. The parties are expected to file additional briefs in the coming weeks.
In its 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 the administration deems “hostile” to its agenda, violating the First Amendment. The attorneys general contend that courts must evaluate such cases in their full context, emphasizing that bad actors rarely admit to discrimination or civil rights violations.
They further argue that allowing employers or government agencies to justify unlawful actions after the fact would make it more difficult to hold violators accountable. Courts, they contend, should focus on the actual reasons behind the actions and determine whether they violated constitutional protections.
Joining Attorney General Brown in filing the brief are the attorneys general of Arizona, Colorado, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.”
