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13 Regul. Rev. Depth 1 (2024)

handle is hein.journals/rgyrvidh13 and id is 1 raw text is: THE IMPORTANCE OF REMOVAL RESTRICTIONS IN A SCHEDULE F WORLD Jennifer L. Selint & Paul R. Verkuill With the 2024 presidential election a few months away, the possibility of a second Trump presidency has raised concerns about plans to establish control over government employees by creating a new federal employment category that would make as many as 50,000 federal civil servants subject to political retaliation.1 These concerns arise from the likely reinstatement of a Trump-era executive order creating a Schedule F of the Excepted Service, effectively making the career officials who serve in certain important positions at-will employees instead of those who enjoy civil service protection.2 President Joseph Biden revoked the Schedule F executive order during the first week of his Administration.3 And in April of this year, the Office t Attorney Advisor at the Administrative Conference of the United States. $ Senior Fellow and former Chairman of the Administrative Conference of the United States. The views expressed in this article are those of the authors and do not represent the position of the Administrative Conference of the United States (including its Council, committees, or members) or the federal government. 1 See Isaac Chotiner, Donald Trump's Plan to Make the Presidency More Like a Kingship, NEW YORKER, July 18, 2023 (referencing a report by the New York Times stating that Donald Trump's team is planning to expand presidential power); Joe Davidson, Trump's Plan to Gut Civil Service Protections Was Harsher Than Estimated, WASH. POST, Feb. 28, 2024 (noting Donald Trump's promises to reinstate an executive order that would make federal jobs vulnerable to political changes); Ian Ward, 'A Very Large Earthquake': How Trump Could Decimate the Civil Service, POLITICO, Dec. 20, 2023 (predicting that if Donald Trump is able to reinstate the executive order then roughly 50,000 federal civil servants could be at risk of losing their jobs). 2 Exec. Order No. 13957, 85 Fed. Reg. 67631 (Oct. 21, 2020); see also Erich Wagner, 'Stunning' Executive Order Would Politicize Civil Service, Gov'T EXEC. Oct. 22, 2020 (Positions in the new Schedule F would effectively constitute at-will employment, without any of the protections against adverse personnel actions that most federal workers currently enjoy ....). 3 Exec. Order No. 14003, 86 Fed. Reg. 7231 (Jan. 22, 2021); see also Exec. Order No. 14029 § 3, 86 Fed. Reg. 27025 (May 14, 2021) (explaining that Executive Order 14003 of January 22, 2021, revoked Executive Order 13957 of October 21, 2020, thereby eliminating Schedule F in the excepted service).

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