By Miriam Raftery
Photo by Anne Meador: Federal workers protest at Capitol (CC by NC-ND)
March 14, 2025 – Two federal judges have ruled that the Trump administration’s mass firing of federal workers was illegal. Both judges ordered thousands of probationary fired workers rehired, at least temporarily, though the two rulings differed on the scope of agencies affected. Combined, the two rulings order that 18 agencies immediately rehire those fired, affecting a broad range of jobs from national park rangers to Veterans’ Administration workers and many more.
The judges also issued scathing rebukes of the purge of agencies done by the Department of Government Efficiency (DOGE) and accused the administration of lying when it claimed the firings were based on performance issues, since many of the laid-off workers had extremely positive performance reviews.
U.S. District Court Judge William Alsup in San Francisco called the mass terminations a “sham.” He stated in open court, “It is sad, 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. That should not have been done in our country.”
Judge Alsup ordered the immediate rehiring of fired probationary employees in these six departments: Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs. That lawsuit was filed by federal employees’ unions. His order lasts until whenever the case’s outcome is ultimately resolved in court, a process that could take years.
U.S. District Judge James Bredar in New York issued a broader but more temporarily order in a case filed by Democrat state attorneys general. Judge Breder’s order requires 18 federal departments to immediately rehire the fired probationary workers for at least 14 days, though he indicated he would consider a longer relief.
His order requires reemployment be offered to the fired probationary workers in these departments: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior (which includes the National Park Service), Labor, Transportation, Treasury, Veterans Affairs, U.S. Agency for International Development (USAID), Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, General Services Administration, and the Small Business Administration.
However, Bredar found the states’ failed to meet the burden of proof to show illegal firings at three other agencies, which he excluded from his ruling: the Defense Department, Office of Personnel Management, and the National Archives and Records Administration.
Judge Bredar found that the mass firings failed to provide 60 days required notice and follow other requirements, and concluded, “The sheer number of employees that were terminated in a matter of days belies any argument that these terminations were due to the employees’ individual performance or conduct...The government’s contention to the contrary borders on the frivolous.”
Bredar also found arguments from the states compelling, noting that the lack of notice left states “impaired in their capacities to meet their legal obligations to the citizens.”
Judge Alsup bristled at the Justice Department’s refusal to make acting Office of Management and Budget Director Charles Ezell available for testimony yesterday, and suggested the Trump administration’s attorneys were withholding information on who directed the mass firings.
The Trump administration has already filed an appeal in one case and will likely do so in both. White House Press Secretary Karoline Leavitt issued a statement after the ruling, saying, “A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch...If a federal district court would like executive powers, they can try and run for President themselves,” she sniped. “The Trump Administration will immediately fight back against this absurd and unconstitutional order.”
In fact, the hiring and firing of federal employees is dictated by federal law, which contains numerous civil service worker protections. In addition, many legal scholars have said it is illegal for the Executive branch to usurp the power of Congress, which created many of the agencies being gutted under the guise of streamlining government efficiency and saving taxpayers’ money.
Everett Kelley, president of the American Federation of Government Employees, said he is “pleased with Judge Alsup’s order to immediately reinstate tens of thousands of probationary federal employees who were illegally fired from their jobs by an administration hellbent on crippling federal agencies and their work on behalf of the American public.”
California Attorney General Rob Bonta, who led efforts to sue the Trump administration on behalf of states, issued this statement: “The Trump Administration’s callous and reckless mass firing of probationary federal employees has caused chaos and prevented these workers from providing critical services that affect the everyday lives of Americans, from offering support for veterans and farmers, to protecting our cherished national parks and public lands.”
Bonta added, “I am pleased that the federal district court has promptly granted our request for a temporary restraining order, which will block the Administration’s unlawful mass firing directive and reinstate affected employees. I, alongside my fellow attorneys general, will be closely monitoring to ensure that the Administration follows the court’s order.”
Sources:
https://www.newsweek.com/list-federal-agencies-rehire-fired-employees-2044763
https://www.npr.org/2025/03/13/nx-s1-5325694/maryland-court-fired-federal-employees-trump
https://www.democracydocket.com/news-alerts/judge-trump-reinstate-thousands-fired-federal-workers/
https://www.youtube.com/watch?v=089i2Ex5Nlw
https://slate.com/news-and-politics/2025/03/trump-mass-firings-doj-judge-youre-fired.html
https://oag.ca.gov/system/files/attachments/press-docs/MD%20v.%20USDA%20-%20TRO%20Order.pdf