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Judge extends block on probationary employee layoffs, but only in some states

The order replaces an earlier measure and extends its reach to two additional agencies.

Donald Trump

Donald TrumpSaul Loeb / AFP.

Sabrina Martin
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3 minutes read

On Tuesday, District Judge James Bredar indefinitely barred Donald Trump's administration from continuing to fire thousands of federal probationary employees.

The order replaces an earlier injunction and extends its reach to two additional agencies: the Department of Defense and the Office of Personnel Management (OPM), although the decision is limited to Washington, D.C., and the 19 states that filed the lawsuit.

Limitations of the injunction

In his ruling, Judge Bredar explained that the lawsuit was brought solely by the states in defense of their own interests and not as a general representation of affected employees. Accordingly, the injunction does not extend to the entire country. "Each state is entitled to decide for itself whether it will seek relief in the present circumstances," said Bredar, who was nominated to the post by former President Barack Obama.

The decision affects workers at 20 government agencies who were laid off as part of a downsizing plan pushed by the Trump administration. However, only those employees who worked in the plaintiff states and in the U.S. capital will be able to benefit from the reinstatement ordered by the court.

Inadequate procedures in the dismissals

The Trump Administration has promoted a retrenchment in the federal bureaucracy by eliminating positions filled by probationary employees, who generally have less than two years in office. However, the judge determined that these mass layoffs qualify as a "reduction in force" (RIF), which implies compliance with certain administrative procedures that were not respected. "The government can terminate probationary employees en masse… but when it does so, it must follow certain laws and regulations," he stated in his brief.

Among the agencies affected by this court order are the Departments of Agriculture, Commerce, Education, Energy, Health, Homeland Security, Transportation and Labor, as well as entities such as the Environmental Protection Agency, the Small Business Administration and the Consumer Financial Protection Bureau, among others.

Impact and Policy Response

The ruling adds to a series of court decisions that have blocked key Trump Administration policies, drawing criticism from within the Republican Party. In recent weeks, conservative lawmakers have proposed restricting the ability of federal judges to issue roadblocks that transcend the specific cases before them.

In addition to this case, the Trump administration has appealed to the Supreme Court another ruling reinstating 16,000 employees fired from six federal agencies. The top court is expected to make a decision in the coming days, after the plaintiffs file their formal response.

This litigation highlights the standoff between the administration and the judiciary over the limits of executive authority to reorganize the government apparatus. With multiple lawsuits still in process, the future of these layoffs remains in dispute in the courts.

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