A federal judge in San Francisco on Thursday reversed the Trump administration’s mass termination of probationary employees, ordering six federal departments to immediately rehire thousands of workers who were laid off last month.
U.S. District Judge William Alsup’s preliminary injunction impacts the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury. The Clinton-appointed judge may add other federal agencies to the list at a later time, as he continues considering the case.
The order addresses one of multiple pending lawsuits related to the mass firings of non-essential probationary employees, which were recommended by Elon Musk’s Department of Government Efficiency as part of the Trump administration’s broader efforts to shrink the federal workforce. This particular case was brought by several labor unions that represent the federal workforce.
In making his ruling, Alsup found the U.S. Office of Personnel Management unlawfully terminated employees in violation of the separation of powers. Usually, that authority lies with individual federal departments and agencies.
The judge rejected the Justice Department’s argument that OPM issued “guidance” to federal agencies that led to the mass firings, which he described as a “sham.”
Alsup sharply criticized the administration’s justification, which attributed the firings to poor performance. He called the reason a “gimmick” because the White House didn’t use the Reductions in Force Act, which specifically allows firings based on performance issues.
“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,” the judge said. “That should not have been done in our country. It was a sham in order to try to avoid statutory requirements.”
Probationary status refers to newly hired employees, who typically serve one year in a particular role, before receiving a permanent position based on their assessed performance.
Before the decision, Alsup scolded the government lawyers for withdrawing a sworn declaration that acting OPM head Charles Ezell submitted before his expected testimony on Thursday. Ezell, who would have faced cross-examination during the hearing, never showed up.
“You will not bring the people in here to be cross-examined. You’re afraid to do so because you know cross-examination would reveal the truth,” Alsup told a DOJ attorney. “I tend to doubt that you’re telling me the truth.”
“And you’re not helping me get at the truth. You’re giving me press releases, sham documents,” he added, before apologizing for airing his frustrations.
Thursday’s ruling marks the first time a federal judge has broadly moved to overturn the Trump administration’s firing spree. Like other lawsuits, it remains pending before the court. A similar case was brought by a coalition of Democratic state attorneys general in Maryland.
The White House called the order “absurd and unconstitutional” for impeding the executive branch’s duties.
“A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch,” White House Press Secretary Karoline Leavitt said of Alsup. “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.”
“If a federal district court judge would like executive powers,” she concluded, “they can try and run for President themselves.”