A federal appeals court on Wednesday cleared the way for President Trump to fire thousands of probationary workers across 18 federal agencies.
The Virginia-based Fourth Circuit Court of Appeals in a 2-1 decision granted the Trump Administration a motion for a stay of the preliminary injunction pending appeal.
The three-judge panel included: Allison Rushing (Trump), Harvie Wilkinson (Reagan) and DeAndrea Benjamin (Biden).
“The Supreme Court has stayed a similar preliminary injunction issued by the United States District Court for the Northern District of California,” the judge wrote citing Tuesday’s decision from the Supreme Court in a separate case.
The Biden appointee dissented.
A federal judge last month ordered the Trump Administration to rehire approximately 20,000 probationary workers across 18 different agencies.
US District Judge James Bredar, an Obama appointee, said the Trump Administration cannot conduct massive layoffs without warning the workers.
“When the federal government terminates large numbers of its employees, including those still on probation because they were recently hired or promoted, it must follow certain rules,” the judge wrote in a 56-page order. “Some of those rules are intended to help states manage the consequences of sudden, mass layoffs.”
Last week Judge Bredar extended his block but only in DC and the 19 states that filed a lawsuit. The judge did not issue a nationwide injunction.
Separately, a federal judge out of San Francisco said the Trump Administration’s Office of Personnel Management (OPM) illegally fired thousands of probationary employees.
President Trump previously fired tens of thousands of probationary workers as he worked to downsize the federal government and cut waste.
Last month US District Judge William Alsup, a Clinton appointee, ordered the Trump Administration to rehire thousands of fired probationary employees in six federal agencies.
The six government agencies include: VA, DOD, Energy, Interior, Treasury and Agriculture.
However, on Tuesday, the US Supreme Court temporarily blocked Judge Alsup’s order and sided with the Trump Administration.
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