Massachusetts Attorney General Andrea Joy Campbell recently made headlines by joining an alliance of 23 attorneys general in defense of federal employees' right to speak up and bargain collectively. As shared by the Massachusetts government website, Campbell and her colleagues are backing the American Federation of Government Employees (AFGE) against a controversial executive order from President Trump.
The dispute stems from the President's directive, given on March 27, that certain federal workers are prohibited from engaging in collective bargaining—citing national security. AFGE filed a lawsuit in return, calling out the order as a retaliation for union activities and speech against the President's agenda. In the District Court for the Northern District of California, they succeeded in obtaining a preliminary injunction, which put the order on hold.
The amicus brief, supported by Campbell and states attorneys as far as Washington and New York, asserts the belief that the federal government’s move was not only an act of punishment towards the unions for their speech but also a violation of the First Amendment. They argue that the administration's discriminatory acts should be analyzed within the broader context—understanding that civil rights violators rarely admit to their discrimination outright.
Refusing to view pretext for discrimination at face value, the coalition emphasizes, is essential when interpreting discrimination cases. Joined by Minnesota Attorney General Keith Ellison, leading the filing, the coalition states that "bad actors cannot be allowed to get away with civil rights violations by pointing to hypothetical rationalizations for their unlawful behavior" as mentioned on the Massachusetts government website.
The brief argues that courts should focus on the motivations behind governmental actions, rather than considering justifications provided by employers after the fact. It notes that numerous attorneys general from states across the United States have expressed support, emphasizing the need to clarify how constitutional rights of federal employees are to be addressed in relation to national security concerns.
