(The Hill) — A second federal judge has blocked the Trump administration from firing federal workers, issuing an order Thursday that probationary employees be reinstated weeks after their dismissal.
The ruling, from U.S. District Court Judge James Bredar in Maryland, echoed an order from another federal judge in California on Thursday.
“In this case, the government conducted massive layoffs, but it gave no advance notice. It claims it wasn’t required to because, it says, it dismissed each one of these thousands of probationary employees for ‘performance’ or other individualized reasons,” wrote Bredar, an Obama appointee.
“On the record before the Court, this isn’t true. There were no individualized assessments of employees. They were all just fired. Collectively,” he added.
Bredar noted that the massive layoffs should be considered “Reductions in Force,” which would require the government to provide advance notice to the states that would be impacted by the firings.
“Lacking the notice to which they were entitled, the States weren’t ready for the impact of so many unemployed people. They are still scrambling to catch up,” Judge Bredar wrote.
“They remain impaired in their capacities to meet their legal obligations to their citizens.”
The ruling is consistent with U.S. District Judge William Alsup’s Thursday order which requires the government to reinstate probationary employees fired at the Veterans Affairs, Agriculture, Defense, Energy, Interior and Treasury departments.
White House press secretary Karoline Leavitt issued a statement Thursday saying the administration would challenge what she called an “absurd and unconstitutional” order.
“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,” she said.
Alsup, the judge in the Northern District of California, issued his Thursday ruling from the bench. He had ordered acting Office of Personnel Management (OPM) head Charles Ezell to testify and face cross-examination at Thursday’s hearing but was given a sworn declaration from the official instead.
“Come on, that’s a sham. Go ahead. It upsets me, I want you to know that. I’ve been practicing or serving in this court for over 50 years, and I know how do we get at the truth,” said Alsup, a Clinton appointee.
“And you’re not helping me get at the truth. You’re giving me press releases, sham documents,” the judge added.
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