2026-09-13 · contested story

Judge blocks Trump 'loyalty question' for federal job applicants

In September 2026, U.S. District Judge George O'Toole in Boston blocked the Trump administration from continuing to require federal civil service job applicants to answer an essay question asking how they would advance the president's executive orders and policy priorities. The question, adopted by the Office of Personnel Management (OPM) in a May 2025 memo to implement a January 2025 Trump executive order, appeared on more than 70,000 federal job postings according to plaintiffs. Three federal worker unions—the American Federation of Government Employees, the American Federation of State, County and Municipal Employees, and the National Association of Government Employees—sued in late 2025, arguing the 'loyalty question' unconstitutionally politicized hiring for nonpartisan positions. O'Toole ruled the question likely violated the Administrative Procedure Act by infringing First Amendment speech rights and found 'no legitimate governmental interest in inquiring into the political beliefs of applicants.'

How each side frames it

left
"we're suing the Trump administration for their ongoing inclusion of a "loyalty question" on federal civil service job listings — a move straight out of Project 2025."
"creating an illegal and unconstitutional system of political patronage"
"Trump Sued Over MAGA 'Loyalty Test' in Job Applications"
"The current administration has a stated goal of removing civil servants it deems to be disloyal and replacing them with loyalists"
"when he went to click submit, uh he was told that there were still required fields on the application that he still needed to fill out, and the only required fields left uh were these four essay questions"
center
"blocked U.S. President Donald Trump's administration from continuing to ask applicants for civil service jobs throughout the government to respond to what unions described as a partisan "loyalty question.""
"It has previously defended the question as optional and said that it had been clear that hiring decisions could not be based on political beliefs."
"The plaintiffs are thus likely to succeed in showing that there is no legitimate governmental interest in inquiring into the political beliefs of applicants to federal civil service vacancies"
"the question had been asked of applicants to positions ranging from an air traffic control specialist to a crane operator to a nuclear materials courier."
"The Office of Special Counsel, in its response to a complaint filed this summer, determined that the Merit Hiring Plan's optional hiring questions did not amount to a prohibited personnel practice"
right
"A sweeping new rule proposed by the Trump administration could remake how that money is awarded and give the president and his political appointees discretion to cancel funding or target recipients for virtually any reason"
"What the government couldn't accomplish in the courts it's trying now to do by fiat with this proposed rule."
"when the government requires those businesses to speak truthfully about their offerings, the First Amendment typically allows for that kind of disclosure requirement."
"Art Garfunkel joins growing list of celebrities considering a move abroad over Trump presidency"
"Virginia judge blocks redistricting certification, heads to Supreme Court"

What each side left out

The left left out — covered by the Reuters & Maryland Matters
The left left out — covered by the The Damage Report / Federal News Network
The center left out — covered by the The Daily Beast
The right left out — covered by the Reuters & The Hill & Honolulu Star-Advertiser & U.S. News & World Report
The right left out — covered by the Maryland Matters (Schedule G reference)

What's actually true?

[verified] A federal judge, George O'Toole in Boston, blocked the Trump administration from continuing to ask civil service applicants the loyalty question.
[verified] The judge ruled the question likely violated the Administrative Procedure Act by infringing on First Amendment speech rights.
[verified] The three unions are AFGE, AFSCME, and the National Association of Government Employees (NAGE).
[verified] The question was adopted in response to an executive order Trump signed in January 2025 and set out in a May 2025 OPM memo.
[contested] Over 70,000 federal job postings had included the question, according to plaintiffs/Democracy Forward.
[contested] OPM maintains the essay questions were optional and that candidates would not be disqualified for skipping them.
[contested] Applicants reported being unable to submit applications without answering the essay questions despite OPM calling them optional.
[unverified] The Office of Special Counsel determined the optional hiring questions did not amount to a prohibited personnel practice or a loyalty test.

The narrative clash

Whether the loyalty question was truly optional
Left: when he went to click submit, uh he was told that there were still required fields on the application that he still needed to fill out, and the only required fields left uh were these four essay questions, each of them with a red asterisk
Right: It has previously defended the question as optional and said that it had been clear that hiring decisions could not be based on political beliefs.
Whether the questions constitute an unlawful loyalty test
Left: creating an illegal and unconstitutional system of political patronage
Right: The Office of Special Counsel, in its response to a complaint filed this summer, determined that the Merit Hiring Plan's optional hiring questions did not amount to a prohibited personnel practice, and that guidance from the Office of Personnel Management ensured the questions do not constitute a loyalty test.

19 sources analyzed

The Daily Beast inquisitr Reuters The Dispatch Fox News The Damage Report Maryland Matters Yahoo! Search The Dispatch Fox News U.S. News & World Report The Hill The Dispatch Honolulu Star-Advertiser Reason Reason Reason Reason Reason