WASHINGTON (States Newsroom) — A federal judge in California ordered the Trump administration to immediately reinstate thousands of jobs for probationary federal workers fired as part of billionaire Elon Musk’s campaign to slash the federal workforce.
Judge William Alsup ruled Thursday morning that tens of thousands of workers must be rehired across numerous federal agencies, including the departments of Agriculture, Defense, Energy, Interior, Treasury and Veterans Affairs, extending his previous temporary emergency order issued Feb. 28.
Alsup, appointed in 1999 by former President Bill Clinton to the Northern District of California, ruled in favor of numerous plaintiffs that brought the suit against the Trump administration’s Office of Personnel Management.
Alsup’s order also prohibits OPM from advising any federal agency on which employees to fire. Additionally, Alsup is requiring the agencies to provide documentation of compliance to the court, according to the plaintiffs who were present in the courtroom.
Unions bring suit
The plaintiffs, which include the American Federation of Government Employees, AFL-CIO and other unions representing thousands of federal workers, sued in February over OPM’s “illegal program” terminating employees who are within the first year of their positions or recently promoted to new ones.
Everett Kelley, AFGE’s national president, said in a statement Thursday that the union 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.”
“We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back,” Everett said.
The AFGE was among more than a dozen organizations that sued the government. The plaintiffs were represented by the legal advocacy group State Democracy Defenders Fund and the San Francisco-based law firm Altshuler Berzon LLP. Washington state also joined the case and was represented by state Attorney General Nick Brown.
Trump administration ‘will immediately fight’
The White House said it will contest the ruling and that “a single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch.”
“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, they can try and run for President themselves. The Trump Administration will immediately fight back against this absurd and unconstitutional order,” White House press secretary Karoline Leavitt said in a statement.
The unions argued in a Feb. 19 complaint that Congress “controls and authorizes” federal employment and spending, and that lawmakers have empowered federal agencies, not OPM, to manage their own employees.
OPM, which administers employee benefits and essentially serves as the government’s human resources arm, “lacks the constitutional, statutory, or regulatory authority to order federal agencies to terminate employees in this fashion that Congress has authorized those agencies to hire and manage,” according to the complaint.
“[A]nd OPM certainly has no authority to require agencies to perpetrate a massive fraud on the federal workforce by lying about federal workers’ ‘performance,’ to detriment of those workers, their families, and all those in the public and private sectors who rely upon those workers for important services,” the complaint continues.
Musk role
Musk, a Trump special adviser, has publicly and repeatedly touted the terminations as a means to cut federal spending.
Mass firings began in early to mid-February and continued as recently as Tuesday when the Department of Education announced it would cut about 50% of its workforce.
The terminations sparked numerous lawsuits and public outcry.
Musk, who the White House claims has no decision-making authority, has posted on his social media platform X about emails sent to federal workers offering buyouts and demanding they justify their jobs.
Musk has also published dozens of posts attacking federal judges who’ve ruled against his workforce downsizing as “evil” and “corrupt.”
