Federal Judge Blocks Trump Administration's Civil Service 'Loyalty Question' as Unconstitutional

Federal Judge Blocks Trump Administration's Civil Service 'Loyalty Question' as Unconstitutional

On September 11, 2026, U.S. District Judge George O’Toole Jr. of the District Court for the District of Massachusetts issued a preliminary injunction blocking federal agencies from including the Trump administration’s controversial "loyalty question" in civil service job listings.

The ruling in American Federation of Government Employees, AFL-CIO v. Kupor represents a major victory for federal labor unions and civil service advocates who argued that the question was an unconstitutional attempt to compel political allegiance to the president.

First Amendment and APA Violations

The lawsuit, originally filed in November 2025, challenged a core component of the Office of Personnel Management's (OPM) "Merit Hiring Plan" issued in May 2025. The plan required applicants for career federal positions to answer an essay question asking how they would "help advance the President’s Executive Orders and policy priorities in this role" and to identify specific executive orders that were significant to them.

In his ruling, Judge O'Toole found that the plaintiffs—a coalition of labor unions—were highly likely to succeed on the merits. He wrote that the federal government failed to demonstrate any valid administrative purpose for the inquiry:

"there is no legitimate governmental interest in inquiring into the political beliefs of applicants to federal civil service vacancies," and that the loyalty question was "not narrowly tailored."

The judge also ruled that forcing federal job applicants to answer politically motivated questions caused irreparable harm, relying on pseudonymous declarations from federal workers who testified that the question effectively forced them to profess political views to be considered for employment. One worker's standing was upheld because she "reasonably understood the plain language of" the question to call for a statement on her personal political views. Judge O'Toole wrote:

"That identified harm is a cognizable injury in fact."

Immediate Administrative Halt

Under the court's order, OPM is required within seven days to provide formal notice of the stay to all department and agency heads who have used the question in their hiring processes. The injunction will remain in effect until a final ruling is issued.

Skye Perryman, president and CEO of Democracy Forward, which represents the plaintiffs alongside Protect Democracy, celebrated the decision as a critical defense of the professional civil service:

"The Loyalty Question is irreconcilable with the First Amendment, the Administrative Procedure Act, and more than a century of Congress’s commitment to a professional, nonpartisan civil service¹... This ruling protects the Constitution, the civil service, and the people who depend on a professional, nonpartisan federal workforce."

The ruling represents a significant check on the administration's broader efforts to restructure the civil service and align federal personnel with the executive branch's policy agenda.