In an opinion issued late Thursday night, U.S. District Judge Susan Illston wrote that the president and department agency heads do not have the authority to reorganize the government without Congress’ input.

Now, the government argues the lower court decision granted "universal ... and the closure of the HHS Head Start program's San Francisco office layoff that has since forced a county government ...

After the employees received their notices on Tuesday, U.S. Judge Irene Berger for the Southern District of West Virginia ruled that HHS violated the law by ending the Coal Workers' Health Surveillance Program and mandated that all employees in NIOSH's Respiratory Health Division be reinstated.

Agencies do not have unfettered power to further a president's agenda,” U.S. District Judge Mary McElroy ruled Friday.

More than 100 NIOSH workers in West Virginia are back on the job after a federal injunction and bipartisan advocacy reversed controversial layoffs tied to a federal restructuring plan.