For much of the 19th century, the United States was hobbled by widespread government corruption. “To the victor go the spoils” supplanted a government “of, by, and for the people.” Only a national disgust with post-Civil War era corruption led to the creation of a nonpartisan civil service. Despite occasional slips (Teapot Dome), the federal government attained a level of probity and some measure of respect. That is once again at risk. The undermining of a nonpartisan civil service is the launching point of a government steeped in self-dealing, insider trading, profiteering, and gouging vast personal fortunes from transactions enabled by government regulation—all the hallmarks of the days of the backroom deal, the greased palm, and government of, by, and for those in charge.
The Civil Reform act of 1883, as amended, has been the bedrock of federal employment ever since its enactment. By putting an end to the notoriously corrupt spoils system of previous decades, the Act created a nonpartisan, merit-based system for hiring and evaluating federal employees. In the ensuing years, reforms expanded protections from arbitrary treatment of employees (Merit Systems Protection Board (MSPB)) to paths to advancement for outstanding performers (Senior Executive Service).
The civil service enjoyed broad public and Congressional support. For nearly 150 years, the reports, surveys, indices, and other products generated by the various departments and agencies of the federal government may not have pleased everyone, but they were widely respected and relied on by public and private entities. The Civil Reform act of 1883, as amended, has been the bedrock of federal employment ever since its enactment. By putting an end to the notoriously corrupt spoils system of previous decades, the Act created a nonpartisan, merit-based system for hiring and evaluating federal employees. In the ensuing years, reforms expanded protections from arbitrary treatment of employees (Merit Systems Protection Board (MSPB)) to paths to advancement for outstanding performers (Senior Executive Service).
In recent years, numerous objections were voiced about the expanse of the federal bureaucracy, and allegations of political bias grew in volume and number. Complaints about the “administrative state” became a feature of conservative critiques of the government, although the integrity of the rank-and-file civil servant had not been challenged. But that and the status of federal employment itself changed with President Trump’s second election. His profound distrust of the government that indicted and prosecuted him manifested itself in a broadsided attack on federal employees at all levels, effectively repealing the statutory scheme and its protections.
By means of Executive Orders (EOs), Office of Personnel Management (OPM) actions, and DOGE interventions, the very nature of federal employment has been completely changed, and with it, the public regard for government actions. Here are some of the most significant steps the administration has taken:
- Shift to “at-will” for policy positions. Perhaps the most critical change to the modern civil service framework occurred on June 3, 2026, when President Trump signed EO 14410 establishing a new job category called schedule policy/career (a revamped version of what was known as Schedule F). It stripped away historic civil service job protections from roughly 8,000 career federal employees occupying high-level policy, legal, or advisory roles. They are now designated as at-will employees who can be removed or suspended without the traditional right to appeal their terminations before the MSPB. The specter of the spoils system lurks. Further, the OPM is currently coordinating with individual federal agencies to expand the list of reclassified positions. Agencies are screening job descriptions and identifying additional roles to reclassify, with expanded lists expected to be submitted to the White House by late September 2026.
- Massive workforce reductions. The administration has drastically reduced the size of the federal civilian workforce, eliminating hundreds of thousands of jobs through aggressive layoffs, targeted reductions in force (RIFs), and hiring freezes. The OPM and the MSPB jointly proposed rule changes to ease the dismissal process, such as slashing the timeline for performance improvement plans (PIPs) and eliminating traditional criteria used to determine appropriate disciplinary actions. The massive RIFs during the government shutdown and the chainsaw DOGE firings were a precursor to the recent reductions.
- Dismantling collective bargaining. Through a series of presidential memoranda and OPM rules, the administration restricted the recognition of labor unions, terminated remote and telework agreements, and stripped over a million federal employees of collective bargaining rights, citing “national security” exemptions.
The administration argues the changes are necessary to ensure career civil servants are accountable to the president’s agenda and to eliminate underperforming or noncompliant personnel. The shift has sparked numerous ongoing legal challenges contesting the extent of executive authority over agency operations and labor rights.
Unions and civil rights advocates have vigorously pushed back against these policies. They argue the changes directly assault nonpartisan governance and undermine belief in impartial decision-making. They also argue that the reclassification violates statutory due process and infringes upon congressional authority over the workforce.