Federal Judge Blocks Loyalty Essay Question on Civil Service Applications Pending Lawsuit

U.S. District Judge George O’Toole granted a preliminary stay that requires federal agencies to cease including the third essay question of the Merit Hiring Plan on civil service applications, a query that asks candidates to describe how they would further the president’s agenda and name a favored Trump administration executive order. The question, introduced in May 2025, was challenged by the American Federation of Government Employees and two other unions, who claimed it compels applicants to disclose political loyalty, violating the First Amendment.

In his opinion, O’Toole noted the question’s wording directly links personal political views to job duties and that the Merit Hiring Plan’s guidance, which forbids using answers as an ideological litmus test, is not reflected in the actual question text. Although the judge barred the future use of the question for all positions at the GS-5 level and above pending litigation, he ruled that agencies may continue to consider responses already submitted.

The administration argued the court lacked jurisdiction, but O’Toole dismissed that argument, stating the constitutional issue is collateral to any administrative review process. Union representatives, including AFGE National President Everett Kelley, and Democracy Forward’s Skye Perryman praised the ruling as a safeguard for a nonpartisan federal workforce. The stay remains in effect until the underlying lawsuit is resolved.