A Trump-aligned legal group sues to restore merit-based federal hiring, challenging a 44-year-old diversity decree.

Legal Push to Reinstate Merit-Based Hiring

The America First Legal Foundation (AFL), an organization closely associated with President Donald Trump, has filed a federal lawsuit in Washington, D.C., aiming to overturn a decades-old consent decree that limits merit-based hiring within the federal government. The group asserts that the decree unjustly prioritizes diversity over qualifications, undermining the efficiency and integrity of public service.

The lawsuit challenges the Luevano consent decree, a 1981 agreement established under President Jimmy Carter’s administration. That decree resolved litigation brought by Black and Hispanic plaintiffs by eliminating certain written examinations in federal hiring and requiring alternative assessments to address racial disparities in employment outcomes. AFL contends that the current system, shaped by this settlement, is outdated and illegal.

“America is missing out on top talent because of an illegal, 44-year-old consent decree,” said Nick Barry, senior counsel at AFL. “We must move back to merit-based evaluations. Race and other immutable traits have no place in that process.”

AFL's filing is supported by Boyden Gray, PLLC, a law firm also advocating for the end of what it deems race-based hiring in federal agencies. The plaintiffs argue that the existing hiring system contradicts recent Supreme Court precedent and creates administrative inefficiencies by failing to select the most qualified applicants through fair assessments.

Dan Epstein, vice president of AFL, reinforced the group’s message: “Being able to recruit the best and brightest to work in Washington returns dividends for the country by doing more with less. That is what all Americans deserve from their government.”

Implications for Federal Workforce and Policy

The legal effort aligns with previous attempts by the Office of Personnel Management (OPM) to phase out the consent decree and modernize hiring procedures. Although OPM has made its own case to the court, AFL’s involvement may bring renewed momentum to the effort—particularly at a time when the federal workforce is under pressure from ongoing cuts and administrative reforms.

Stephen Miller, a former senior advisor to President Trump and the founder of AFL, has long criticized race-conscious policies in education and government hiring. Though no longer directly affiliated with AFL, Miller rejoined the administration in 2025, reinforcing the group’s ideological proximity to White House policy goals.

Opponents of the consent decree argue that alternative assessment systems introduced in its wake are inefficient and subjective, making it harder to establish a consistent, merit-based civil service exam. Epstein stated that “public service is a public trust” and noted that both Republican and Democratic administrations have supported reducing bureaucratic obstacles in hiring practices.

The case comes amid broader debates on diversity, equity, and inclusion (DEI) programs, many of which have faced legal challenges under the Trump administration. The outcome of this lawsuit could significantly influence how federal agencies hire staff and how they interpret anti-discrimination laws in relation to recruitment practices.

Neither the Office of Personnel Management nor the White House has yet responded publicly to the legal filing. The court’s decision could have lasting implications for civil service policy and the structure of federal employment nationwide.