Federal Loyalty Question on Civil-Service Applications Temporarily Halted

A U.S. District Court in Massachusetts issued a preliminary injunction that bars federal agencies from placing “Question Three” on civil-service job applications. The injunction was granted to three federal-employee unions—the American Federation of Government Employees (AFGE), the American Federation of State, County and Municipal Employees (AFSCME), and the National Association of Government Employees (NAGE). The judge, George O’Toole, ruled that the question, part of the administration’s “Merit Hiring Plan,” likely violates the Civil Service Reform Act because it ties hiring decisions to political affiliation.

Above the Law

The unions contended that the question forces applicants either to endorse the president’s agenda, remain silent, or answer honestly and risk jeopardizing their candidacy for positions unrelated to politics, such as air-traffic control specialist, nuclear materials courier, and crane operator. He noted that political allegiance is not an appropriate requirement for the effective performance of the jobs at issue and that the injunction is warranted to prevent presumed irreparable First-Amendment harm.

Above the Law

The contested question is a component of the May 2025 “Merit Hiring Plan,” which stems from Executive Order 14170. The plan calls for applicants to identify one or two Executive Orders or policy initiatives that are “significant” to them and explain how they would help implement them if hired.

Above the Law

The injunction limits the administration’s current tool for reshaping the civil service. While the judge’s order is temporary, the administration retains other mechanisms, such as large-scale terminations, Schedule F reclassifications, or creating work environments that encourage voluntary departures. Observers note that the controversy may affect the perceived prestige of federal employment and could influence future attempts to align hiring practices with political objectives.

Above the Law