Judge rules federal job cuts ‘unlawful’
A U.S. District Court judge ruled Thursday that federal agencies illegally fired tens of thousands of employees over President’s Day weekend.
At the end of a March 13 hearing of American Federal of Government Employees v. U.S. Office of Personnel Management (AFGE v. OPM), Judge William Alsup placed a preliminary injunction on federal agencies, ordering them to immediately reinstate the employees that were fired per an OPM directive from President Donald Trump in February. The defendants swiftly filed an appeal, but unless another judge intervenes, Alsup’s ruling stands as the default.
The basis of his ruling, Alsup declared in scathing language, was that the government deliberately went after the workers with the least amount of appeal power, making them the easy targets of an unfair and arbitrary government slash.
“I got goosebumps,” said Don Neubacher after the judge issued his decision. He’s a former superintendent of Yosemite National Park and a board member of the Coalition to Protect America’s National Parks, one of the plaintiffs in the case. “We’re very happy with the ruling. We’re going to celebrate it.”
Alsup’s order rang like a takedown of the federal government. It came from his review of the evidence: On Jan. 20, the OPM instructed federal agencies to compile a list of all their workers who had been hired within the past two years or had recently received a promotion, officially called probationary workers. Then, on Feb. 13 and over President’s Day weekend, the OPM ordered agencies to fire that group. In a template email, the OPM cited the employees’ poor work performance, even though many of the workers had earned stellar performance reviews.
Labor unions, including the AFGE, quickly challenged the OPM. At the first hearing of AFGE v. OPM on Feb. 27, Alsup granted a temporary restraining order and said the federal government’s efforts to expunge its employees were “unlawful, invalid, and must be stopped and rescinded.”

Alsup used nearly the same language Thursday morning. Ahead of the hearing, the plaintiffs had sought an injunction against an expanded list of defendants that included all 23 federal agencies that dismissed probationary staff. Alsup applied his ruling to the departments of Veteran Affairs, Agriculture, Defense, Interior and the Treasury, where the record of the unlawful OPM action “was the strongest,” he said. But he invited the plaintiffs to submit briefs making the case for tacking on other agencies.
“It’s a very conservative ruling, and a very strongly worded ruling by the judge,” said Peter Jenkins, a senior counsel for the nonprofit Public Employees for Environmental Responsibility who wasn’t involved in the case. “It was a great ruling.”
The lawsuit is arguably the most successful one so far among the suits that labor unions, nonprofits and states have hurled at the OPM. In one lawsuit filed in the District of Columbia, a judge decreed that fired workers should direct their complaints to internal labor committees, such as the Merit System Protection Board (MSPB), rather than resolve their grievances in court. In a legal challenge against another OPM initiative, a program that incentivized resignations, a Massachusetts judge ruled against the unions that brought the suit, declaring that they were not directly impacted by the OPM actions and thus did not have standing.
During the Thursday hearing, the federal government’s lawyers repeated their arguments, insisting that the plaintiffs’ case lacked standing. As part of its defense, the OPM also asserted that the agencies’ leadership had called the shots rather than simply obeying the OPM’s orders to lay off their probationary employees. The OPM revised its initial memo after Alsup’s restraining order, adding a disclaimer that OPM was “not directing agencies” to terminate employees. But during the second hearing, Alsup rejected the defendant’s claim. “It’s illustrative of the manipulation by the OPM to orchestrate this government lie,” he said.
At first, Alsup concurred with the rulings in previous lawsuits that he lacked the jurisdiction to hear the unions’ case, because fired workers should seek relief from their oversight boards rather than go through court.
But in the March 13 hearing, new arguments presented by the plaintiffs on how Trump has dismantled those independent groups made him reconsider.
President Trump targeted one Office of Special Counsel leader in particular, Hampton Dellinger, who was planning to restore all terminated probationary workers before he himself was fired, reinstated and then fired again. Trump also attempted to boot one of the chairs of the MSPB but was foiled by a judge. Had he succeeded, it would have left the board bereft of the minimum number of staff to vote on petitions. This erosion of the official channels of appeal made Alsup decide not to rule out litigation.
Alsup called the top-down firings a “watchdog cannibalization” during the hearing. “I have a feeling that’s where we’re headed now, that there’s no relief” for fired employees, he said.
“It is a sad, sad day, when our government would fire some good employees and say that it was based on performance. Well, that’s a lie.”
In addition, the plaintiffs in AFGE v. OPM include organizations other than unions, such as the Coalition to Protect America’s National Parks, Western Watersheds and the state of Washington, to name a few. Since the first hearing, Alsup has concurred with those organizations that they have suffered concrete injury from the sweeping dismissals, to the point where they could no longer carry out their organizations’ missions.
The vast public outcry against the federal firings has already sparked some reversals. The National Park Service, National Science Foundation, Environmental Protection Agency and other agencies have rehired some of their terminated staff members. Three weeks after the Department of Agriculture dismissed nearly 6,000 probationary workers — including some 3,400 Forest Service employees, per AFGE’s recent legal filings — the MSPB issued an order to reinstate all terminated staff members for 45 days following Alsup’s Feb. 28 memorandum opinion. But as of March 13, many fired workers were still awaiting word from their supervisors about their employment.
Meanwhile, the MSPB is wading through the thousands of new complaints that have been filed each week — as much as a 21-fold jump since Trump took office — from federal workers who believe they were terminated unjustly.
Even after Alsup’s ruling, the judicial jousting between Trump’s government and federal workers continues. Following the government’s notice to appeal the federal court order, the case will now go to the 9th Circuit Appellate Court for further adjudication. “The bottom line is, there’s a lot of litigating still to be done here,” said Dave Owen, a law professor at the University of California Law San Francisco.
AS A CHILD, Riley Rackliffe dressed as a park ranger for Halloween. He carried his interest in the National Park Service into adulthood, giving up a university teaching position to become an aquatic biologist at Nevada’s Lake Mead National Recreation Area last year. Now, Rackliffe is on the job market once more, his dream job snatched away even before the afterglow of landing it wore off.
Rackliffe is one of the thousand National Park Service workers in the OPM’s crosshairs. But since the court rulings, he and his supervisor are still in the dark about whether Lake Mead’s sole aquatic biologist can get back to doing the work he loved.

“I am definitely still holding onto hope,” he said. But he can’t afford to wait, he said: “I’ve got a mortgage and two kids and bills to pay, so hope isn’t a good financial strategy.” As he hunts for a new job, he’s not banking on landing another aquatic ecologist position in a state that receives only 4 inches of rain annually. “I got fired from the one lake in town,” he said.
More than just individuals’ lives and livelihoods turned upside down, a severely culled staff — not to mention a demoralized one — will challenge the ability of federal agencies to provide the crucial public services they are mandated to perform. In the case of the departments of Interior and Agriculture, the mass firings threaten the management of public lands, both now and in the future. Experts already predict a chaotic recreational season ahead, filled with unkempt campgrounds, heightened wildfire risk and unsafe trail conditions.
“Visitations are going up, but staffing and budgets are going down,” Neubacher said. “At some point something has to give, and we’re pretty close to that.”
Even if agencies comply immediately with the March 13 ruling, that might not be enough to prevent looming damage to public lands and more. Alsup acknowledged that the government could still legally pursue other mechanisms to pare back the workforce, to similar effect. For example, it could undertake a reduction in force, an official process to reorganize and reduce the number of federal employees. In fact, the Trump administration has already repeatedly promised to do so. March 13 is also the deadline that Trump set for agencies to submit plans for drastic downsizing, with another round to come in April.
Still, the Trump administration may not need to win in court to get its way. Legal experts suspect that it’s gambling on stirring up so much uncertainty that federal employees will simply choose to leave. Even if Rackliffe is reinstated, he said, the prospect of future cuts and the turbulent political climate might not make it worth returning.
And while Alsup’s latest court order halts what he concluded to be a hasty reduction in force in disguise, and an illegal one at that, there may be little to celebrate in the long run. “It is a sad, sad day, when our government would fire some good employees and say that it was based on performance. Well, that’s a lie,” Alsup said. “That should not have been done in our country.”
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