A federal appeals court on Monday rejected President Trump’s effort to block the reinstatement of thousands of probationary workers.
Over the weekend US District Judge William Alsup, a Clinton appointee, declined to stay his previous order rehiring thousands of probationary employees across six federal agencies and accused the OPM chief of violating his court order.
Judge Alsup last Thursday said the Trump Administration’s Office of Personnel Management (OPM) illegally fired thousands of probationary employees.
The activist judge ordered the Trump Administration to rehire thousands of fired probationary employees in six federal agencies.
Alsup blasted the Trump Administration and said he felt “misled by the US Government” as he ordered six federal agencies to offer reinstatement to fired probationary workers.
“It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie,” Judge Alsup said. “That should not have been done in our country. It was a sham in order to avoid statutory requirements.”
The six government agencies include: VA, DOD, Energy, Interior, Treasury and Agriculture.
On Saturday, Judge Alsup declined to pause his order as the Trump DOJ appealed his decision.
The Ninth Circuit Court of Appeals on Monday rebuffed Trump’s effort to block the reinstatement of thousands of probationary employees.
The three judge panel included: Judge Barry Silverman (Clinton), Judge Bridget Bade (Trump), and Judge Ana de Alba (Biden).
The appeals court did not rule on the merits of the case, rather, the judges rejected the Trump DOJ’s request for an administrative stay while the case makes its way through the legal system.
“The court has received the emergency motion to stay. The request for an immediate administrative stay is denied,” the appeals court filing read.
The Trump appointed judge dissented and warned of a “whiplash” caused by the firings and rehirings.
“In sum, a limited administrative stay is necessary to preserve the status quo as it existed prior to the district court’s preliminary injunction. Doing so will allow us to rule on the motion for a stay pending appeal without potentially subjecting the government and the terminated employees to whiplash caused by diverging downstream decisions,” Judge Bade wrote
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