Supreme Court Asked to Block Mass Reinstatement of Federal Workers

By Stacy M. Brown
BlackPressUSA.com Senior National Correspondent

The U.S. Department of Justice has asked the Supreme Court to halt a federal judge’s sweeping injunction that orders the reinstatement of more than 16,000 probationary federal employees across six major agencies. The emergency application follows a March 13 ruling by U.S. District Judge William Alsup, who ordered the Trump administration to reverse the mass terminations at the Departments of Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury. Alsup ruled the firings were “based on a lie,” noting that the Office of Personnel Management (OPM) lacked the authority to direct them and that employees were fired for alleged poor performance despite having received positive reviews. “It’s a sad, sad day when our government would fire a good employee and say it’s based on performance when they know good and well that is based on a lie,” Alsup said. He also barred OPM from giving termination guidance and requested agencies to submit compliance reports.

That lawsuit was brought by the American Federation of Government Employees (AFGE) and allies. “We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back,” said AFGE President Everett Kelley. The union has asked the court to extend the ruling to cover 16 additional agencies. In a separate case, Judge James Bredar of the U.S. District Court in Maryland ordered a halt to planned reductions in force (RIFs) at 18 agencies, including the Department of Education, which planned to cut half its staff. That case was filed by state attorneys general.

Solicitor General Sarah M. Harris, acting on behalf of the government, called the California ruling a “judicial takeover” of federal personnel decisions. The Justice Department argued that agencies made their termination decisions independently and that the plaintiffs lacked legal standing. The Ninth Circuit denied the administration’s request for an emergency stay, prompting the DOJ to ask the Supreme Court to intervene. “This Court should stop the ongoing assault on the constitutional structure before further damage is wrought,” the filing states.