Trump-aligned legal group fights to restore merit-based federal hiring

FIRST ON FOX — A legal group closely aligned with President Donald Trump is joining a federal court battle in Washington, D.C., to overturn a Carter-era consent decree that bars the government from using merit-based hiring, a resolution that, if overturned, would dissolve one of the most influential civil service decisions of the last 40 years.

The America First Legal Foundation (AFL), a group aligned with Trump, has filed a federal complaint in Washington, D.C., that aims to dismantle what it calls a dated and illegal effort to promote diversity in federal hiring that sidelines more qualified candidates.

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

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The lawsuit targets the Luevano consent decree, an agreement that Black and Hispanic plaintiffs struck with the government under President Jimmy Carter in 1981. The settlement ended merit-based hiring practices for federal government agencies and required written tests to be replaced with alternative assessments.

Critics of these alternative assessments, including AFL and the firm Boyden Gray, PLLC, which joined the complaint, argue they are clunky and outdated solutions that illegally promote an unfair system of race-based hiring. 

"We must move back to merit-based evaluations," Barry added. "Race, color and other immutable characteristics have no place in that evaluation." 

The Office of Personnel Management had previously asked the court to end the Carter-era system, an effort that AFL and Boyden Gray now join, arguing it violates Supreme Court precedent. 

"Being able to recruit the best and brightest to work in Washington returns dividends for the country by doing more with less," AFL Vice President Dan Epstein told Fox News Digital. "That is what all Americans deserve from their government."

AFL's backing could bring new momentum to OPM's attempt to end these hiring practices in the federal government. But it's also likely to be met with a fair degree of criticism. 

Though efforts to end or replace the 40-year-old alternative assessment systems aren't exactly radical, the filing comes as the Trump administration continues to clash with government employees over agency budget cuts and workforce reductions.

The case, if heard in court, could reignite debate across the country over race-conscious hiring practices. 

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America First Legal, though not officially part of the Trump administration, was founded by longtime Trump advisor Stephen Miller, one of Trump's most vocal advocates for tougher immigration enforcement, dismantling DEI programs and ending affirmative action in public education. Miller stepped down from AFL before rejoining the White House in 2025.

The effort also comes at a time when many federal agencies have struggled to cope with a massive loss of personnel and institutional knowledge due to funding cuts and other orders from DOGE, the quasi-government efficiency agency headed up by billionaire Elon Musk. 

Still, AFL sees its effort as supporting OPM and ending what it argues is a virtually "impossible" standard to create a broadly used merit-based civil service exam. 

"Public service is a public trust," Epstein said. "Presidential administrations from both parties have long advocated ending unaccountable bureaucracies that fail to do a good turn for the American people."

Neither OPM nor the White House immediately responded to Fox News's request for comment on the new court filing or on their views on the existing hiring practices. 

Conan O'Brien, Ryan Reynolds mock Meghan Markle's luxury jams, comparing it to his dad's job as food broker

Conan O’Brien and Ryan Reynolds poked fun at Meghan Markle’s recent foray into the jam industry this week, comparing her to Reynolds' father's work as a "food broker."

Reynolds was discussing his late father, James Reynolds,’ different careers, telling the comedian on his "Conan O’Brien Needs a Friend" podcast this week that his father left police work when the actor was a kid and became a food broker.

"He got out of copping and then became a food broker, which we’re like, ‘Come on, that’s CIA, right?’ And he's like ‘No, really, I’m a middleman for jars of jam and tiny yogurt,’" the "Deadpool" actor said of his father who died in 2015

"He works for Meghan Markle," O’Brien joked. "Really tiny jams, harvestable jams, made from the oils of Montecito." 

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Reynolds, who avoided talking about his legal entanglements with his wife Blake Lively and her ex-co-star Justin Baldoni in the hour-long podcast, said: "If Jimbo Reynolds wasn’t dead I would say he is Meghan Markle. Well, adjacent."

"Many people have likened the two," O’Brien laughingly agreed. 

A food broker is a sales professional who helps clients sell their products to customers, often negotiating product placement in stores, according to Indeed

The Duchess of Sussex launched her new lifestyle brand, As Ever, in April, selling a limited supply of artisanal jams, cookie mix, herbal tea, honey and other products, which quickly sold out. 

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"Where it all began – this signature As ever raspberry fruit spread is inspired by the recipe Meghan crafted in her home kitchen," Markle’s As Ever website says of the $14 sold-out jam. "This signature blend delicately mixes the sweetness of raspberries with a hint of lemon, and is crafted with a fluid texture so it can be drizzled, spread, poured and enjoyed for so much more than your morning toast. This delectable spread comes in elegant Keepsake Packaging, crafted to be cherished long after the last spoonful."

Markle suggests three ways of enjoying the jam: drizzling it over a puff pastry with brie cheese and a sprig of thyme, spooning it over freshly made crêpes and, when it’s finished: "Repurpose the Keepsake Packaging as a charming home for your favorite trinkets or small treasures." 

O'Brien and Reynolds' ribbing of Markle came just days after "Saturday Night Live" cast member Colin Jost joked on the "Weekend Update" segment that Britain’s only demand in its new trade deal with the U.S. is "that we keep these two," while showing a photo fo of Markle and husband, Prince Harry

Markle’s venture into the lifestyle industry has been criticized by some on social media as inauthentic

PR expert Doug Eldridge told Fox News Digital previously that while lifestyle icons Martha Stewart and Rachael Ray adopted different marketing approaches while building their empires, there was an essential common component — one that Markle is currently missing.

"In marketing, there is aspirational marketing and relatability marketing. Martha Stewart was aspirational; Rachael Ray was relatable. Each personality came at it from a different direction, but managed to connect with their audiences (because they were authentic) and in so doing, climbed to the top of the lifestyle mountain, respectively," Eldrige said, speaking of her lifestyle brand and her Netflix lifestyle show "With Love, Meghan." 

He continued, "Connection comes in two forms, but regardless of the path or direction, it remains the critical first step in any creative or marketing endeavor."

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Markle films the show in Montecito, California, near where she and Harry currently live after they stepped down as senior royals in 2020 and moved to the U.S. 

"Authenticity is like humidity — you can't see it, but you can walk in a room and feel it," Eldridge said. "It's also critical for what Markle is trying to accomplish. Authenticity fosters relatability, which in turn creates likability, all of which are needed for marketability."

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