The Biden administration is reportedly protecting non-elected federal officials from potential termination if the Republicans win the 2024 elections, according to a document recently submitted to the Federal Register.
Under the direction of the Office of Personnel Management (OPM), which oversees all federal employees, it has suggested a regulation that would largely safeguard career civil servants from arbitrary dismissal. This proposed rule would also grant them the right to challenge such decisions. This move counters the intentions of some Republican presidential hopefuls who want to dismiss bureaucrats who don’t align with conservative ideologies.
The document emphasizes the significance of the 2.2 million career civil servants, describing them as the foundation of the federal workforce. These employees, who are sworn to uphold the Constitution, are answerable to their agency heads and managers, who in turn answer to the President. The document further clarifies that disagreements with leadership, without any defiance of lawful directives, shouldn’t be grounds for labeling as misconduct or unsatisfactory performance.
Traditionally, civil servants, distinct from political nominees, can only be let go by the President or their representatives with valid reasons. Republicans have frequently expressed concerns about the perceived liberal biases that exist among civil servants. They have alleged that these biases covertly work against conservative policies. As a result, some Republican candidates have stated their intentions to tackle this perceived “deep state” if they come into power.
Vivek Ramaswamy, a Republican presidential contender, recently highlighted that while presidents are generally perceived to have limited power in firing federal employees, large-scale workforce reductions aren’t restricted by law. If elected, he stated his intention to carry out significant layoffs. Ramaswamy stated, “Large-scale mass layoffs are absolutely what we will bring.” According to another report, Ramaswamy aims to reduce the federal workforce by 75%.
Early in August, Ron DeSantis, another Republican presidential candidate, hinted at taking drastic actions against the “deep state” on the first day of his presidency if he was elected. DeSantis stated, “We’re going to start slitting throats on Day 1.”
It’s worth noting that former President Donald Trump, during his tenure in 2020, had issued an executive order that repositioned numerous civil servants into the “excepted service” of political nominees. President Joe Biden reversed this decision upon his assumption of office.
The rule proposed by OPM aims to ensure that career civil servants maintain their original protections even if repositioned into excepted service. The rule also introduces new processes for transitioning bureaucrats into this category.
However, some Republican policy specialists believe that the proposed rule might not pose a significant challenge if a Republican administration were to assume power. James Sherk, who served as a Special Assistant to President Trump, opined that the next administration could easily reverse such restrictions, rendering the proposed rule merely a minor obstacle.