Judge O'Toole Blocks Trump's 'Loyalty Question' From 70,000 Federal Job Postings

U.S. District Judge George A. O'Toole Jr. ruled Sept. 11 that OPM likely violated the First Amendment and the Administrative Procedure Act by directing agencies to include an essay question on federal job applications asking which of Trump's executive orders or policy priorities were most "significant" to candidates and how they'd help implement them. More than 70,000 federal postings at GS-5 and above had carried the question since OPM's May 2025 "merit hiring plan" directive. AFGE, AFSCME and NAGE brought the suit.

O'Toole found the question compelled political speech and threatened the norm of a merit-based, nonpartisan civil service, citing a VA employee who said she felt compelled to answer despite believing it was political, for fear of hurting her application. The ruling checks part of the administration's effort to reshape federal hiring around perceived loyalty rather than qualifications.

The order requires OPM to notify agencies by week's end to remove the question from postings while the case proceeds. O'Toole declined a broader injunction on answers already submitted, and rejected the administration's argument that the court lacked jurisdiction.