Never Underestimate the Power of Unfinished Business

The Senior Executive Service (SES) was created under President Carter in 1978 to ensure high-quality management in the U. S. government. SES employees hold key positions just below presidential appointees and oversee operations in about 75 federal agencies. However, instead of achieving high performance, the SES has become a group that enforces political loyalty and maintains a stable bureaucratic structure, which critics often refer to as part of the "deep state. "

The SES has its own nonprofit organization, the Senior Executive Association (SEA), which advocates for SES members' rights, including lobbying Congress. SES employees enjoy significant job security, making dismissal difficult and often subject to legal challenges. Under President Obama, the SES expanded its influence, emphasizing diversity and inclusion over traditional merit-based hiring, which critics argue has politicized federal management further.

As of 2018, nearly 8,000 SES employees were in place, and the president does not have the authority to select or easily remove them from their positions. This has resulted in a situation where SES members can block or delay presidential orders, contributing to a perception of an entrenched administrative state that operates independently of elected officials.

To counter this, President Trump signed an executive order called "Schedule F" in October 2020, aimed at making it easier to hire and fire federal positions related to policy. However, this order was quickly revoked by President Biden on his first day in office, which prevented its implementation as Trump had intended.

In September 2023, the Biden administration began working on regulations to solidify these changes and limit the chances of reviving Schedule F policies. Additionally, in June 2024, the U. S. Supreme Court overturned the Chevron deference, which had previously allowed federal agencies leeway in interpreting laws. This ruling could make it harder for agencies to defend their policies related to employment.

If Trump reintroduces Schedule F, it is possible that the Senior Executives Association might challenge it in court, especially since the Supreme Court ruling changes how federal agencies justify their regulations.

Legislatively, attempts were made to prevent future administrations from reinstating Schedule F, but these measures were not included in the final version of the defense authorization bill for 2023. Some suggest that amending the Civil Service Reform Act of 1978 could provide a permanent solution to clarify the SES's role in federal government. 

https://brownstone.org/articles/never-underestimate-the-power-of-unfinished-business/