The Trump administration has petitioned the Supreme Court for a stay on a ruling from a federal judge in San Francisco that mandates the immediate rehiring of approximately 16,000 probationary federal employees dismissed from six agencies in February. This legal maneuver seeks a pause on the order issued by Senior U.S. District Judge William Alsup while the Supreme Court deliberates on the government’s request, as indicated by Acting Solicitor General Sarah Harris (SCOTUSblog).
Judge Alsup’s preliminary injunction requires the reinstatement of employees from key departments including the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and the Treasury. Alsup emphasized that while federal agencies are within their rights to terminate employees, the “Office of Personnel Management has no authority to hire and fire employees in another agency” (see court documents).
The administration’s appeal to the U.S. Court of Appeals for the 9th Circuit for an administrative stay was denied, though the court has not yet decided on the emergency motion for a stay. Harris argues the nonprofit groups behind the lawsuit lack the necessary legal standing to sue. She contends that permitting organizations to claim standing based solely on potential declines in service delivery sets an unsustainable precedent.
Furthermore, Harris states that Congress has designated the Merit Systems Protection Board as the correct forum for legal disputes regarding the termination of federal employees and argues that Judge Alsup’s ruling undermines this framework. Her filing suggests that such district court orders are usurping executive authority and causing disruption within the executive branch.
The request for an administrative stay has been directed to Justice Elena Kagan, who oversees emergency appeals from the 9th Circuit. As of this writing, Justice Kagan has not solicited a response from the parties challenging the administration’s request (Howe on the Court).