The judge ruled Thursday that the Trump administration's order to fire tens of thousands of workers across the federal government was illegal. However, it is not yet clear what this means for current employees or employees who have already ended based on the order.
The Human Resources Administration (OPM) issued an order earlier this month in an effort to reduce government spending by Elon Musk and his Department of Government Efficiency. It targets “probation” workers who have been working in the government for a long time and remain in their current positions for less than two years, including those who have recently been promoted.
A group of unionists quickly challenged federal court orders, claiming that OPM lacked the authority to order mass firing, and that the agency misquoted employee performance issues. In a statement from the bench on Thursday, the judge in the case ordered the OPM to withdraw the order, temporarily blocking the termination of plans, particularly for Department of Defense's civilian employees.
“Congress gave the agency itself the authority to hire and fire.” US District Judge William Alsup said.
“The Human Resources Bureau has absolutely no authority to hire or fire employees from any other agency under any law in space history. They can hire and fire their own employees,” he added.
However, that doesn't necessarily mean that federal workers' jobs are safe or that employees who have finished can return to their old posts. It could depend on what happens next in court.
“We know this decision is just a first step, but we'll give federal employees a rest,” Lee Sanders, president of employees for the United States Federation, county, and local government, said in a statement.
What's next for federal workers?
Alsup will consider whether to stop the Trump administration from implementing further termination at the March 13 hearing. But even if he is, the Trump administration wouldn't give its goal of at least 10% cut federal workers that easily.
“The Trump administration will argue that federal courts do not have the authority to tell us who we have to hire,” said Carrie Coglian, an administrative law professor at the University of Pennsylvania School of Carey Law.
At best, such court intervention may only be able to temporarily delay the Trump administration's plans. The OPM may need to withdraw the directive to fire workers, but ALSUP has confirmed that the agency currently led by Trump's allies still has the authority to do so themselves. This process can be slower than it is under dull government-wide directives.
During his first term, Koglian said after Trump and his allies attempted “quickly and dirty ways” to achieve policy goals and faced court obstacles, he would “return again in a smarter and more intentional way or in a more justified way for legal reasons.”
“This certainly won't be the last skirmish of a bigger battle,” he said.
