Coalition Files ‘Friend of the Court’ Brief in Unions’ Case
Attorney General Charity Clark today joined a coalition of 21 state attorneys general, standing with the nation’s federal employees in a challenge to the Trump administration’s federal “buyout” plan. The so-called “Fork in the Road” directive is an attempt to force federal workers to choose, with only days to decide, between accepting a legally fraught “buyout” and potentially being terminated.
The coalition today moved to file an amicus brief in support of a motion for a temporary restraining order filed by a group of plaintiffs—the American Federation of Government Employees (AFGE); AFGE Local 3707; the American Federation of State, County and Municipal Employees; and the National Association of Government Employees—against the U.S. Office of Personnel Management’s (OPM) “Fork in the Road” directive. The directive, issued on January 28, 2025, gave most federal employees little more than a week to accept “deferred resignation,” which purportedly would allow federal workers to resign and retain pay and benefits until September 30, 2025, with an implicit threat that their positions may otherwise be eliminated anyway.
The plaintiff unions filed suit in the United States District Court for the District of Massachusetts, emphasizing that the directive and associated FAQs—which were revised multiple times—caused widespread confusion and dismay among federal employees, who were faced with an arbitrary deadline based on a directive that the plaintiff unions assert is illegal and contrary to federal ethics regulations. On February 6, 2025, U.S. District Court Judge George A. O’Toole, Jr., stayed the purported deadline of the “Fork directive” until Monday, February 10, 2025, with a hearing to be held at 2:00 p.m. that day in Boston.
“Federal workers are integral to our democracy, and I am proud that many Vermonters perform this vital work,” said Attorney General Clark. “I am very concerned about the reliability of the so-called ‘buyout offer,’ which is why I am proud to stand with the hardworking federal employees who provide crucial services to their fellow Americans every day.”
As Attorney General Clark emphasized in the coalition’s amicus brief, the indiscriminate loss of indispensable federal employees could have a devastating effect on cooperative aspects of federal, state, and local government—from those who care for veterans to those who arrive when natural disaster strikes. The brief also describes the coercive nature of the directive to our nation’s public servants. The coalition urged the court to grant a temporary restraining order to prevent this harm to federal workers—our friends and neighbors—and to protect the public interest.
Joining Attorney General Clark on the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, and the District of Columbia.
The amicus brief is available to read here.
CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171