Monitoring democratic institutions through public records

Keeping Politics Out of Government — Week of Feb 2, 2026

Government workers should serve all Americans, not just one political party. The Hatch Act is a law that stops them from campaigning while at work.

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On February 6, 2026, the Office of Personnel Management published a final rule titled Improving Performance, Accountability and Responsiveness in the Civil Service. This rule creates a new category of federal jobs called "Schedule Policy/Career." Government employees whose positions are moved into this category would lose their current protections against being fired without cause and would no longer be able to appeal their removal. The rule takes effect March 9, 2026.

This might matter because the civil service merit system—the principle that government workers are hired and fired based on their job performance, not their political views—could be weakened if large numbers of positions are reclassified under the new category. The rule defines eligible positions broadly, covering roles that are "policy-determining, policy-making, or policy-advocating," language that could apply to thousands of federal workers, including scientists, program managers, and technical experts.

The government says this rule is needed because supervisors currently find it very difficult to fire employees who perform poorly or engage in misconduct. This is a real and documented problem, and if the new authority is used narrowly for that purpose, it could improve government performance. The rule also says reclassified positions will still be filled on a nonpartisan basis and that agencies must create their own policies to protect workers from political retaliation. However, replacing independent legal appeal rights with agency self-policing represents a significant reduction in the structural safeguards that have kept the civil service nonpartisan for over 140 years.

Limitations: This is AI-generated analysis based on two documents. The rule's real-world impact will depend on how broadly agencies use the new authority and whether courts uphold it.