Federal judge blocks Trump administration's 'loyalty' question on civil service job applications

On September 11, 2026, U.S. District Judge George O'Toole blocked the Trump administration from asking federal civil service job applicants how they would advance presidential executive orders. Siding with three labor unions, including the American Federation of Government Employees, the judge ruled that the essay question likely violated applicants' First Amendment rights and the Administrative Procedure Act. The question, introduced under a May 2025 merit hiring plan, had appeared in over 70,000 job postings.

Judge blocks loyalty essay question

• ▪U.S. District Judge George O'Toole in Boston issued a stay order on September 11, 2026, blocking the Trump administration from asking federal civil service job applicants how they would advance presidential executive orders
• ▪Judge George O'Toole's September 11, 2026 order directed the Office of Personnel Management to notify federal agencies to remove the essay question from current job postings by the end of that week
• ▪Judge George O'Toole denied the plaintiffs' request for a broader injunction that would have barred federal agencies from considering essay answers already submitted by job applicants

Trump merit hiring plan directive

• ▪The Office of Personnel Management introduced the essay question to implement a January 2025 executive order by President Donald Trump aimed at hiring individuals dedicated to American ideals
• ▪The Office of Personnel Management clarified in August 2025 that while federal agencies must include the essay question, answering it was optional for job applicants
• ▪The Office of Personnel Management issued a May 2025 memorandum requiring federal agencies to include the essay question in job applications at or above the GS-5 level

First Amendment civil service violations

• ▪The Civil Service Reform Act bars federal agencies from making employment decisions for nonpartisan career civil service positions based on political affiliation
• ▪Judge George O'Toole ruled that the essay question likely violated the Administrative Procedure Act and job applicants' First Amendment rights by inquiring into their political beliefs
• ▪Trump administration attorneys argued that the federal court lacked jurisdiction and that the plaintiffs should have instead filed complaints with the Merit Systems Protection Board

Union lawsuit plaintiff testimony

• ▪Judge George O'Toole's ruling relied on testimony from a Department of Veterans Affairs employee who feared that leaving the optional essay question blank would harm her job applications
• ▪Three labor unions, including the American Federation of Government Employees, filed a lawsuit in 2025 challenging the Trump administration's inclusion of the essay question

Federal job postings affected

• ▪According to the legal advocacy group Democracy Forward, the challenged essay question had been included in more than 70,000 federal job postings
• ▪Judge George O'Toole noted that the essay question had been asked of applicants for diverse positions, including air traffic control specialists, crane operators, and nuclear materials couriers