High court halts rehiring of fired federal employees
By: Andrew Chung
Reuters
..... The U.S. Supreme Court blocked on Tuesday [04/08/2025] a judge's order for President Donald Trump's administration to rehire thousands of fired employees, acting in a dispute over his effort to slash the federal workforce and dismantle parts of government.
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The court put on hold San Francisco-based U.S. Judge William Alsup's March 13 [2025] injunction requiring six federal agencies to reinstate thousands of recently hired probationary employees while litigation challenging the legality of the dismissals continues.
..... The court in a brief, unsigned order said the nine nonprofit organizations that were granted an injunction in response to their lawsuit lacked the legal standing to sue. The court said that its order did not address claims by other plaintiffs in the case, "which did not from the basis of the district court's preliminary injunction."
..... Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson publicly dissented form the decision.
..... Alsup's ruling applied to probationary employees at the U.S. Department of Defense, Department of Veterans Affairs, Department of Agriculture, Department of energy, Department of the Interior and the Treasury Department.
..... In a separate case, a federal judge in Baltimore also ordered the administration to reinstate thousands of fired probationary workers at 18 federal agencies in 19 mostly Democratic-led states and Washington, D.C., which had sued over the mass firings.
..... Trump and billionaire adviser Elon Musk have moved quickly to shrink the federal bureaucracy and make the government.
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The administration had urged the Supreme Court to lift Alsup's order, contending that the judge had overstepped his authority in directing the reinstatement of 16,000 employees. The administration also castigated orders by a number of judges that have impeded more broadly some of the Republican president's policies since he return to office in January. [2025]
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The judge faulted the administration for improperly terminating en mases the probationary workers and cast doubt on the justification presented by the government that the firing were the result of poor employee performance.
..... Probationary workers typically have less than one year of service in their current roles, through some are long-time federal employees serving in new roles.
..... Alsup, an appointee of Democratic former President Bill Clinton, said at an earlier hearing in the case: "It is a sad day when our government would fire some good employees and say it was based on performance when they know good and well that's a lie."
..... The San Francisco-based 9th Circuit Court of Appeals refused on March 26 [2025] to halt Alsup's order.
..... Alsup's order, the Justice Department wrote in a filling, let the plaintiffs in the case "hijack the employment relationship between the federal government and its workforce," violating the separation of powers between the judiciary and executive branches of the government as laid out in the U.S. Constitution.
..... The judge earlier questioned the administration's compliance with his injunction, criticizing the decisions to place the employees on administrative leave rather than send them back to work. The Justice Department responded that placing workers on leave was the first in a series of steps toward fully reinstating them and "administrative leave is not being sued to skirt the requirements of reinstatement."