Source: US State of California
New Trump employment classification would strip civil-service protections from tens of thousands of nonpartisan federal employees and risk eroding the effectiveness of the federal government
OAKLAND — California Attorney General Rob Bonta today joined a coalition of 19 attorneys general in submitting a comment letter that opposes the Office of Personnel Management’s proposed rule to create a new employment classification in the federal civil service called “Schedule Policy/Career.” If implemented, this classification, a reinstatement of the previously failed “Schedule F,” would strip critical workplace protections from tens of thousands of career federal employees, allowing the Trump Administration to fire them for “subverting Presidential directives” or purely political or reasons unrelated to their job performance.
“The Trump Administration is looking to trample on workers’ rights by reinstating the Schedule F classification,” said Attorney General Bonta. “This would be a direct assault on the integrity of our federal workforce by threatening to replace experienced, nonpartisan professionals with political loyalists. This change would not only undermine the trust and stability of our strong federal workforce comprised of subject matter experts, it would also break the very foundation of a government that serves all Americans, not just those who implement President’ Trump’s agenda.”
Under the current federal civil service system, approximately 2 million federal employees serve in the “competitive service,” meaning they are hired through a merit-based process and protected by civil-service laws that guard against arbitrary dismissal or political interference. These federal employees are nonpartisan professionals hired for their expertise and expected to carry out the laws passed by Congress regardless of political shifts.
The new Schedule Policy/Career classification that attempts to reprise the previously proposed Schedule F would reclassify a broad range of policy-related civil servants—such as analysts, attorneys, scientists, and regulators — into an at-will employment status. Unlike traditional Schedule C appointees who change with each new presidential administration, Schedule Policy/Career would apply to nonpartisan federal career staff not normally subject to such turnover. This reclassification would remove long-standing due process protections that guard the apolitical nature of the federal workforce and open these employees up to being fired on political grounds.
As of March 2024, there were only roughly 1,600 Schedule C employees across the entire federal government, which illustrates just how narrow Congress intended the exemptions from merit-based employment to be. When the first Trump Administration attempted to implement Schedule F, one estimate projected it would reclassify as many as 50,000 federal employees.
In the comment letter, the attorneys general argue that the Trump Administration’s proposed rule is unlawful, unconstitutional, and harmful to states. Schedule Policy/Career violates the clear intent of the Civil Service Reform Act of 1978, which Congress passed to protect federal employees from arbitrary dismissal and ensure merit-based hiring. It also raises due process concerns under the Fifth Amendment by retroactively stripping career civil servants of vested employment rights. From a policy standpoint, the rule would politicize the federal workforce, chill the independence of career professionals, make it more difficult to retain experienced employees, and open the door to partisan retaliation against public servants when their expertise conflicts with a presidential administration’s political agenda.
The attorneys general also emphasize the rule’s dangerous impact on states, including California, which depend on consistent, professional federal partners to administer shared programs. States rely on civil servants at agencies like the Environmental Protection Agency, Department of Health and Human Services, and Department of Education to implement laws, distribute funds, and provide technical guidance. This reclassification would also affect civil servants at agencies that states rely on to manage disasters, such as the Federal Emergency Management Agency and the Centers for Disease Control and Prevention. The attorneys general further warn that the implementation of Schedule Policy/Career could return key parts of the federal workforce to a spoils system that enables a president to reward loyalists with jobs, rather than allow federal agencies to hire based on merit. Politicizing these positions would undermine cooperation, destabilize federal-state programs like Medicaid and environmental enforcement, and significantly degrade the effectiveness of the federal government, as well as its adherence to the rule of law. The attorneys general warn in the comment letter that Schedule F would erode federal-state relations by effectively shifting regulatory and programmatic burdens onto the states and coercing state compliance with federal political priorities.
This letter was co-led by Attorneys General Keith Ellison of Minnesota and Anne E. Lopez of Hawaii. They were joined by the attorneys general of Arizona, California, Connecticut, Colorado, Delaware, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
A copy of the comment letter can be found here.