Full Breakdown
Federal Court Blocks Trump Administration’s “Loyalty” Essay Question for Civil-Service Applicants
By Drooid · · How we work
The Injunction and Its Immediate Effect
On September 11, U.S. District Judge George O’Toole issued a preliminary injunction that bars the Office of Personnel Management (OPM) from requiring the contested essay question on any federal career-service application. The order stays in force until further rulings and directs OPM to notify all agencies that the question must be removed from job postings by the end of the current week.
Background: The Merit-Hiring Plan and the Controversial Essay
The requirement originated from an executive order signed on January 20, 2025, which instructed OPM to develop a new “merit hiring plan.” A May 2025 memorandum added four essay questions to applications for positions at or above the GS-5 level. Question 3 asked applicants to identify executive orders or policy initiatives they considered “significant” and to explain how they would help implement them if hired. Although OPM later labeled the question optional, more than 70,000 postings had already incorporated it, prompting the unions’ lawsuit.
Key Players
- Judge George O’Toole – U.S. District Judge, Boston.
- Everett Kelley – President, American Federation of Government Employees (AFGE).
- Patrick Moran – President, American Federation of State, County and Municipal Employees (AFSCME).
- David Holway – President, National Association of Government Employees (NAGE).
- Skye Perryman – President, Democracy Forward.
- Office of Personnel Management (OPM) – Federal agency that issued the essay requirement.
Timeline
- January 20, 2025 – Executive order directs OPM to craft a new hiring plan.
- May 2025 – OPM memorandum adds the essay question to career-service applications.
- September 11 – Judge O’Toole grants a stay, finding the question likely violates the First Amendment and the Administrative Procedure Act.
- End of the week following the injunction – OPM must inform agencies to remove the question from all active postings.
Data & Statistics
- 70,000+ federal job announcements have included the contested essay question.
- The “loyalty” question is one of four essay prompts introduced under the merit-hiring plan.
- The requirement applies to career-service positions at the GS-5 level and above.
Official Statements & Responses
Union leaders described the injunction as a defense of the nonpartisan civil service. AFGE President Everett Kelley said the ruling stops an unlawful attempt to make political allegiance a hiring criterion. NAGE President David Holway warned that turning federal jobs into political rewards would erode public trust.
An OPM spokesperson declined to comment on the ongoing litigation.
Verbatim Quotes
- “Requiring federal job applicants to answer politically motivated questions goes against the very nature of the nonpartisan civil service, and we are pleased the judge has put an immediate stop to the administration’s loyalty questions.” — AFGE President Everett Kelley
- “This case is about speech, not about employment actions,” — Judge O’Toole
What’s Next
OPM must issue agency-wide notices to strip the essay question from all current and future civil-service announcements by the end of the week. The underlying lawsuit remains pending, so the parties may seek a final judgment on the merits or pursue appellate review.