Trump Administration Sued For Agency’s Blame-Democrats Emails

The largest federal employees union filed a lawsuit accusing the US Department of Education of unlawfully inserting partisan language into the automated out-of-office emails sent from accounts of furloughed workers during the government shutdown that began Wednesday.

The American Federation of Government Employees, which represents about 800,000, claims in the suit filed Friday that email settings for department workers were changed without their permission to include messages blaming the shutdown on Democratic lawmakers. The union also cited similar language on other government agency websites, according to the federal lawsuit filed in Washington.

“Forcing civil servants to speak on behalf of the political leadership’s partisan agenda is a blatant violation of federal employees’ First Amendment rights,” the union said in its complaint.

The shutdown began after Congress failed to reach a budget deal before the end of the last fiscal year. Although Republicans control both chambers, they need support from at least a few Democrats to reach the 60 votes needed for a spending measure to clear the Senate. Democrats have been pushing to extend health insurance premium subsidies.

Trump and Republicans have used a variety of platforms to promote their messaging blaming Democrats for the shutdown, which the Congressional Budget Office estimates has sent an estimated 750,000 workers home without pay while halting services and programs across the US government. 

According to the union, automated responses to emails sent to Education Department employees were modified to say: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations. Due to the lapse in appropriations I am currently in furlough status. I will respond to emails once government functions resume.”

A White House spokesperson did not immediately return a request for comment. A request to the Department of Education’s press office generated what appeared to be an automated response with language similar to that described in the lawsuit blaming “Democrat Senators.”

Some, but not all, federal agencies have posted notices on public-facing websites that blame Democrats for the shutdown. The move has prompted government ethics experts and liberal-leaning watchdog groups to protest that the officials responsible are likely violating laws such as the Hatch Act, which restricts partisan activity in federal operations and protects employees from political interference in their work.

The Justice Department’s website, for instance, features a banner at the top that reads, “Democrats have shut down the government. Department of Justice websites are not currently regularly updated.”

The administration is already facing at least one other lawsuit over the shutdown. The day before funding ran out, federal worker unions sued to stop officials from carrying out plans to use the shutdown as a springboard for mass layoffs at agencies. So far officials haven’t taken more steps to execute those firings and the unions haven’t asked a judge for emergency relief. 

The case is American Federation of Government Employees v. U.S. Department of Education, 25-cv-3553, US District Court, District of Columbia (Washington).