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DOGE’s ‘fork in the road’ deferred resignation deadline can proceed, judge says

February 12, 2025
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DOGE’s ‘fork in the road’ deferred resignation deadline can proceed, judge says
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A federal judge on Wednesday ruled the Trump administration could proceed with enforcing a deadline on the deferred resignations being offered to federal workers.

US District Judge George O’Toole said the labor unions who sued to block enforcement of the deadline did not have standing to bring the lawsuit because they were not “directly impacted by the directive.” He also said the court did not have subject matter jurisdiction over the claims.

The Office of Personal Management, or OPM, made the deferred resignation offer, described as a “fork in the road,” to federal workers in an email on January 28, with an initial deadline of Febrauary 6.

Workers had until that date to decide if they would remain in their jobs, without any certainty that their role or department wouldn’t be eliminated, or take the offer in which the OPM said they would receive full pay and benefits until September 30, 2025, regardless of workload.

After a group of labor unions sued, O’Toole issued a temporary restraining order on February 6 to extend the deadline until at least Monday. He extended it again on Monday until a ruling was made.

His ruling on Wednesday lifted the restraining order, leaving what happens next up to the administration and the Department of Government Efficiency, or DOGE, which is leading the push for cuts in the federal workforce.

“This Boston Buyout Ruling is the first of many legal wins for the President. The Court dissolved the injunction due to a lack of standing. This goes to show that lawfare will not ultimately prevail over the will of 77 million Americans who supported President Trump and his priorities,” Karoline Leavitt, Whit House press secretary, said in a statement provided to Business Insider.

Everett Kelley, the president of the American Federation of Government Employees, one of the labor groups that sued, said in a statement to Business Insider: “Today’s ruling is a setback in the fight for dignity and fairness for public servants. But it’s not the end of that fight. AFGE’s lawyers are evaluating the decision and assessing next steps. Importantly, this decision did not address the underlying lawfulness of the program.”

“We continue to maintain it is illegal to force American citizens who have dedicated their careers to public service to make a decision, in a few short days, without adequate information, about whether to uproot their families and leave their careers for what amounts to an unfunded IOU from Elon Musk,” he added.

President Donald Trump and Elon Musk, who leads DOGE, appeared together in the Oval Office on Tuesday and the president signed an executive order calling for “large-scale” cuts to the federal workforce and expanding DOGE’s power over hiring at federal agencies. 

Musk defended the cuts being made by DOGE, calling them “common sense” and saying the American people are “going to get what they voted for.”

Have a news tip or a story to share? Contact this reporter at [email protected] or via the encrypted-messaging app Signal @kelseyv.21.

The post DOGE’s ‘fork in the road’ deferred resignation deadline can proceed, judge says appeared first on Business Insider.

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