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Federal judge authorizes Trump to continue his severance program for federal employees who quit

According to the White House, 65,000 federal employees have publicly agreed to the deal, which is part of a program that incentivizes these employees to resign in exchange for receiving pay through September.

Trump sworn in at the Capitol rotunda/ Kenny Holston.

Trump sworn in at the Capitol rotunda/ Kenny Holston.AFP

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The Federal District Judge for the District of Massachusetts, George O'Toole, lifted the suspension of U.S. President Donald Trump's deferred government resignation program, allowing the Republican leader to continue with his plan to slash the federal workforce. According to the White House, 65,000 federal employees have accepted the agreement, which is part of a program that incentivizes the resignation of these employees in exchange for receiving their pay until September.

The same judge had halted the program last Thursday by ordering the Office of Personnel Management (OPM) to momentarily pause its implementation. This decision came after several of the most powerful unions, which represent nearly one million federal employees, sued to eliminate the program, calling it an illegal and arbitrary ultimatum.

Impossible lawsuit

In his ruling lifting the stay, O'Toole explained that the unions' lawsuit had no chance of success, not only because they lacked standing to sue, but also because his court did not have jurisdiction over the case. The judge, who was appointed during the administration of former President Bill Clinton, also detailed in his five-page ruling that any aggrieved employee could first file any claims through an administrative review process.

According to OPM, even though the White House has announced that a good portion of the 2.3 million federal employees currently in the United States are eligible for this Trump administration program, agency heads can make exceptions. Also, OPM explained that those working in homeland security and immigration enforcement, Department of Veterans Affairs employees, Postal Service employees and military personnel are exempt from the program

Victory in the courts

O'Toole's decision represents one of the Trump administration's most important victories at the judicial level, taking into account that it has already lost several lawsuits since the beginning of this presidency. In the first weeks of this second Trump term, federal judges have officially restrained his freeze on federal loans and grants, and even blocked his attempt to ban birthright citizenship.

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