Second judge blocks mass firings of probationary federal workers

A second federal judge has blocked the Trump administration from firing federal workers, issuing an order Thursday that probationary employees be reinstated weeks after their dismissal.

The ruling, from U.S. District Judge James Bredar in Maryland, is broader than an order from another federal judge in California on Thursday that covered six agencies.

Bredar’s ruling temporarily reinstates probationary employees at 18 federal agencies until he can hold a hearing later this month on whether to grant a longer pause. The judge declined, however, to extend his order to the Defense Department, Office of Personnel Management (OPM) and the National Archives, finding the Democratic-led states that sued aren’t likely to succeed as to those entities.

“In this case, the government conducted massive layoffs, but it gave no advance notice. It claims it wasn't required to because, it says, it dismissed each one of these thousands of probationary employees for ‘performance’ or other individualized reasons,” wrote Bredar, an appointee of former President Obama.

“On the record before the Court, this isn't true. There were no individualized assessments of employees. They were all just fired. Collectively,” he added.

The lawsuit was brought by Democratic attorneys general in Washington, D.C., and 19 states, led by Maryland.

Bredar noted the massive layoffs should be considered "Reductions in Force," which would require the government to provide advance notice to the states that would be impacted by the firings.

“Lacking the notice to which they were entitled, the States weren't ready for the impact of so many unemployed people. They are still scrambling to catch up,” he wrote.

“They remain impaired in their capacities to meet their legal obligations to their citizens.”

The ruling is consistent with U.S. District Judge William Alsup’s Thursday order requiring the government to reinstate probationary employees fired at the Veterans Affairs, Agriculture, Defense, Energy, Interior and Treasury departments. The Trump administration quickly appealed that order.

White House press secretary Karoline Leavitt issued a statement Thursday saying the administration would challenge what she called an “absurd and unconstitutional" order.

“The President has the authority to exercise the power of the entire executive branch — singular district court judges cannot abuse the power of the entire judiciary to thwart the President’s agenda," she said.

Alsup, the judge in the Northern District of California, issued his Thursday ruling from the bench. He had ordered acting OPM head Charles Ezell to testify and face cross-examination at Thursday’s hearing, but the government withdrew Ezell’s sworn declaration so he could avoid testifying.

“Come on, that’s a sham. Go ahead. It upsets me, I want you to know that. I’ve been practicing or serving in this court for over 50 years, and I know how do we get at the truth,” said Alsup, an appointee of former President Clinton.

“And you’re not helping me get at the truth. You’re giving me press releases, sham documents,” the judge added.

Updated at 9:02 a.m. EST

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