The Trump administration has finalized a rule that significantly alters the job status of approximately 50,000 high-ranking career federal employees.
Issued by the U.S. Office of Personnel Management (OPM), the rule creates a new classification—often referred to as “Schedule Policy/Career”—for workers in policy-determining or policy-advocating roles. This reclassification effectively strips these officials of long-standing civil service protections, transforming them into at-will employees who can be disciplined or fired without the right to appeal to an independent board.
For over a century, the U.S. civil service has functioned as a professional, non-partisan workforce. While political appointees serve at the president’s pleasure, career staff have historically been shielded from political firing to ensure institutional stability. However, the administration argues this shift is necessary to combat a “deep state” that President Trump claims undermines his agenda. OPM Director Scott Kupor defended the move, stating that while employees are entitled to personal views, they cannot act as “conscientious objectors” or engage in “sabotage” that thwarts the administration’s objectives.
The implementation is moving rapidly. Agencies have already begun identifying eligible positions, with a finalized list expected within 30 days. This will likely be followed by an executive order from the president to finalize the reclassifications. The administration maintains that these changes are merit-based and will not target employees based on their political party, though the rule specifically cites media leaks and open resistance to executive orders as grounds for discipline.
In response, a massive legal battle has intensified. On February 6, 2026, several organizations announced updated litigation strategies focusing on the regulatory mechanisms of the rule. Protect Democracy and Democracy Forward argue that the rule violates the Civil Service Reform Act of 1978, which was designed to prevent a return to the 19th-century “spoils system.”
The American Federation of Government Employees (AFGE), the nation’s largest federal union, is preparing a lawsuit characterizing the rule as an “unlawful ultimatum.” Furthermore, legal advocates have raised alarms over whistleblower protections; under the new rule, converted employees would report complaints to their agency’s general counsel rather than the independent U.S. Office of Special Counsel, a move critics call a clear conflict of interest.
With the rule set to take effect in early March, plaintiffs are expected to seek preliminary injunctions to freeze these changes while the courts weigh their legality.
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