The Supreme Court's Role in Federal Worker Rehiring

The Trump administration has requested the Supreme Court to pause a court order. This order mandates the rehiring of thousands of federal employees. These workers were dismissed en masse as part of a plan to significantly reduce the federal workforce. The administration's emergency appeal argues that a judge cannot force the executive branch to rehire approximately 16, 000 probationary employees. A judge in California ruled that the firings did not comply with federal law. The judge ordered that reinstatement offers be sent out while the lawsuit continues. The appeal also urges the conservative-majority court to limit the influence of federal judges. These judges have been slowing down President Trump’s ambitious agenda. The nation’s federal court system has seen numerous challenges to Trump’s policies. The Republican-led Congress has largely been supportive or silent. Judges have ruled against Trump’s administration over three dozen times. These rulings cover a wide range of issues, from changes to birthright citizenship to federal spending and transgender rights.

The latest order appealed to the high court was one of two handed down the same day. Both orders found legal issues with the way the administration carried out the firings of probationary employees. U. S. District Judge William Alsup in San Francisco ruled that the terminations were improperly directed by the Office of Personnel Management and its acting director. He ordered rehiring at six agencies: the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury. The judge was frustrated with the government’s attempt to bypass laws and regulations. The government is allowed to reduce its workforce, but it must follow proper procedures. The judge was shocked that employees were fired for poor performance. These same employees had received excellent evaluations just months earlier. The federal government argues that the order to rehire employees exceeds the judge’s legal authority. The plaintiffs did not have the legal standing to sue. They also did not prove that the Office of Personnel Management wrongly directed the firings. The Justice Department made these arguments in their appeal. The Supreme Court, shaped by Trump’s three appointees, will likely see more cases related to his executive orders. So far, the court has taken relatively small steps in the cases that have reached it. The outcome of this appeal could set a precedent for future disputes between the executive branch and the judiciary.

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