Legal Group Aligned with Trump Seeks to Reinstate Merit-Based Hiring in Federal Agencies

Legal Group Aligned with Trump Seeks to Reinstate Merit-Based Hiring in Federal Agencies

FIRST ON FOX — A legal group closely associated with President Donald Trump has initiated a federal court challenge in Washington, D.C., aiming to overturn a longstanding consent decree from the Carter administration. This decree prohibits merit-based hiring practices, with a potential ruling to dismantle one of the most significant civil service decisions made in the past four decades.

The America First Legal Foundation, a group allied with Trump, recently submitted a federal complaint in Washington, D.C. The lawsuit targets what AFL describes as an outdated and unlawful initiative that promotes diversity in federal hiring at the expense of more qualified candidates.

“America is missing out on top talent due to an outdated, 44-year-old consent decree,” stated Nick Barry, senior counsel at America First Legal Foundation. He emphasized the necessity of reverting to merit-based evaluations, asserting that race and other immutable characteristics should not influence hiring practices.

Understanding the Context of the Lawsuit

The lawsuit specifically challenges the Luevano consent decree, an agreement reached in 1981 between Black and Hispanic plaintiffs and the federal government under President Jimmy Carter. The settlement effectively terminated merit-based hiring procedures for federal agencies and mandated that traditional written tests be substituted with alternative methods of evaluation.

Critics of these alternative assessments—including America First Legal and Boyden Gray, PLLC, which is co-filing the complaint—argue that these methods are cumbersome and ineffective solutions that lead to racially biased hiring practices.

Barry reiterated the need for merit-based evaluations, stressing that hiring should be based on qualifications rather than characteristics like race or color.

Office of Personnel Management Joins the Challenge

The Office of Personnel Management previously advocated for an end to the Carter-era regulations. AFL, along with Boyden Gray, has now joined this campaign, contending that the current system contravenes established Supreme Court rulings.

According to Dan Epstein, vice president of America First Legal, the ability to attract the best and brightest to work in Washington enriches the nation by maximizing resources. He remarked, “That is what all Americans deserve from their government.”

Potential Impact and Controversy Surrounding the Lawsuit

The backing from America First Legal may provide fresh momentum to the Office of Personnel Management’s efforts to revolutionize hiring practices within the federal realm. However, it is also likely to face substantial criticism from various sectors.

While the initiative to replace the decades-old alternative assessment systems may not seem revolutionary, the timing is significant. It coincides with ongoing tensions between the Trump administration and federal employees regarding budget cuts and workforce reductions.

This legal case, if presented in court, has the potential to rekindle national debates surrounding race-conscious hiring methods.

The Role of America First Legal in the Broader Context

Although America First Legal operates independently of the Trump administration, it was established by Stephen Miller, a former Trump advisor renowned for advocating stricter immigration policies, dismantling diversity, equity, and inclusion programs, and ending affirmative action in public education. Miller resigned from AFL prior to returning to the White House in 2025.

The ongoing effort to challenge these hiring practices occurs at a time when many federal agencies grapple with substantial personnel losses and diminished institutional knowledge, largely due to budget constraints and directives from the Department of Government Efficiency, overseen by Elon Musk.

Despite the challenges, America First Legal views its actions as integral to supporting the Office of Personnel Management and addressing what it describes as an unrealistic standard for establishing a viable merit-based civil service examination.

The Bigger Picture on Public Service and Accountability

Epstein emphasized the fundamental belief that public service embodies a public trust. He noted that administrations from both political parties have long called for the dismantling of unaccountable bureaucracies that fail to fulfill their obligations to the American people.

As the legal proceedings unfold, both the Office of Personnel Management and the White House have not provided immediate comments regarding the latest court filing or their perspectives on the prevailing hiring practices.