Federal Appeals Court Rejects Trump’s Effort to Block Probationary Worker Reinstatement
In a major setback for President Trump’s administration, the Ninth Circuit Court of Appeals on Monday refused to grant an emergency stay that would have blocked the reinstatement of thousands of probationary federal employees across multiple agencies.
This decision follows a ruling last Thursday by U.S. District Judge William Alsup, a Clinton appointee, who ordered six federal agencies to rehire workers that the Trump administration had terminated.
Judge Alsup’s Ruling and Accusations Against Trump’s OPM
Judge Alsup’s decision centered around the claim that the Trump administration’s Office of Personnel Management (OPM) unlawfully fired probationary employees without following proper statutory procedures. In a scathing rebuke, Alsup accused the administration of misleading the court and fabricating performance-based justifications for the firings.
“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,” Alsup said in his ruling. “That should not have been done in our country. It was a sham in order to avoid statutory requirements.”
The six agencies affected by Alsup’s ruling include:
- Department of Veterans Affairs (VA)
- Department of Defense (DOD)
- Department of Energy
- Department of the Interior
- Department of the Treasury
- Department of Agriculture
Ninth Circuit’s Decision
Following Alsup’s refusal to issue a stay on Saturday, the Trump DOJ filed an emergency motion with the Ninth Circuit Court of Appeals, seeking to pause the order while it appealed.
However, the three-judge panel, which included Judges Barry Silverman (Clinton), Ana de Alba (Biden), and Bridget Bade (Trump), denied the request for an immediate administrative stay.
“The court has received the emergency motion to stay. The request for an immediate administrative stay is denied,” the appeals court ruling stated.
Dissent from Trump-Appointed Judge Bridget Bade
Judge Bridget Bade, a Trump appointee, dissented from the majority’s ruling, warning that the abrupt rehirings could create “whiplash” in government operations if the decision is later overturned.
“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,” Bade wrote.
What Happens Next?
While this ruling does not decide the case on its merits, it forces the Trump administration to immediately comply with Alsup’s order and reinstate the fired employees—even as the case continues through the legal system. The administration will likely pursue a full appeal, but the Ninth Circuit’s rejection of a stay suggests the judiciary may not be inclined to rule in Trump’s favor.
The legal battle underscores ongoing tensions between the Trump administration and the federal judiciary, particularly in left-leaning courts like the Ninth Circuit, which has historically ruled against conservative policies.
This story is still developing, and the full constitutional and administrative law implications remain to be seen. However, for now, thousands of federal employees terminated under Trump’s OPM are on track to be rehired.