BY: ASHLEY MURRAY
WASHINGTON — Fired federal probationary workers saw setbacks this week, as the U.S. Supreme Court and an appeals court dealt blows in two separate cases, leaving the newly hired or recently promoted employees hit by the administration’s mass firings once again in limbo.
In a case that affected up to 24,000 fired probationary employees across 17 federal agencies, the U.S. Appeals Court for the 4th Circuit on Wednesday blocked a lower court order requiring the government to rehire the workers.
A three-judge panel ruled 2-1 to stay the order, writing that the Trump administration is “likely to succeed in showing the district court lacked jurisdiction over Plaintiffs’ claims.”
Judge Allison Rushing, appointed by President Donald Trump in 2019, directed the order, with Judge James Wilkinson, a President Ronald Reagan appointee, concurring. Judge DeAndrea Benjamin, appointed by President Joe Biden in 2023, dissented.
The case centered on a lawsuit filed by the Democratic attorneys general for 19 states and the District of Columbia, who allege economic harm because the federal government did not provide legally required warning ahead of an influx of unemployed state residents.
Federal Judge James Bredar for the District of Maryland issued a preliminary injunction on April 2 requiring the government to rehire thousands of workers who either lived or reported to work only in the 19 plaintiff states and the District of Columbia while the case moved forward. They included:
- Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.
The affected agencies included:
- The departments of Agriculture, Commerce, Defense (civilian employees only), Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Transportation, Treasury and Veterans Affairs, as well as the Consumer Financial Protection Bureau, Environmental Protection Agency, Federal Deposit Insurance Corporation, General Services Administration, Office of Personnel Management, Small Business Administration and the U.S. Agency for International Development.
The case marked the first time the government provided the number of probationary employees fired at each agency.
Bredar required the figures from the government to show compliance with his mid-March emergency order that the agencies reinstate the workers. The documents showed that the majority of the employees were not recalled to active duty, but placed on administrative leave.
Supreme Court action
In the second case bearing on fired federal workers, the Supreme Court on Tuesday blocked a lower court order mandating the federal government reinstate the jobs of 16,000 fired probationary federal workers across six agencies.
The unsigned two-page order stated the nine nonprofits that brought the case do not have legal standing. The justices did not address the question at the center of the lawsuit: whether the firings were illegal.
The Trump administration had escalated the case to the Supreme Court’s emergency docket after the U.S. Appeals Court for the 9th Circuit denied the government’s request to block the agencies from rehiring the employees.
U.S. District Judge William Alsup for the Northern District of California extended his temporary emergency order on March 13, mandating the departments of Agriculture, Defense, Energy, Interior, Treasury and Veterans Affairs reinstate employees who were fired under a directive from the Office of Personnel Management as part of an agenda by President Donald Trump and adviser Elon Musk to slash the federal workforce.
As the case continues on the lower court track, lawyers for the American Federal of Government Employees, AFL-CIO faced the Trump administration in court Wednesday before Alsup, a Clinton appointee. Alsup ordered both to provide more information by the end of the day Friday, including a comprehensive list of those fired and statements about economic harms.