An appeals court on Monday rejected the Trump administration’s request for an immediate stay on a lower court ruling that reinstated thousands of probationary federal employees who had been fired.
A three-judge panel on the U.S. Court of Appeals for the 9th Circuit ruled that pausing last week’s order by U.S. District Judge William Alsup would disrupt, rather than preserve, the status quo. The court’s unsigned order emphasized that because the lower court found the terminations wrongful, the proper course was to return employees to their previous positions.
“Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo ante, an administrative stay of the district court’s order would not preserve the status quo,” the court wrote.
One judge dissented. Judge Bridget S. Bade, a Trump appointee, argued that the firings had already occurred and that blocking Alsup’s ruling would have maintained, rather than altered, the existing situation. The 9th Circuit is predominantly composed of judges appointed by Democratic presidents.
The dispute involves thousands of probationary employees from six different agencies dismissed under President Donald Trump‘s administration for alleged poor performance. Alsup, an appointee of former President Bill Clinton, ruled last week that they must be reinstated.
Labor unions and other critics say the firings were politically motivated, pointing to a January memo from the Office of Personnel Management (OPM) urging agencies to review their probationary employees. OPM insists the memo was not a directive for federal agencies to fire workers.
Last week, Alsup ordered six federal agencies to rehire the affected employees, prompting the Department of Justice to seek an emergency stay.
With the 9th Circuit declining immediate intervention, the plaintiffs now have until March 18 to respond to the government’s emergency motion, with a potential government reply due March 20.
SECOND JUDGE RULES AGAINST TRUMP FEDERAL LAYOFFS
The administration could also petition the Supreme Court for urgent relief.
Shortly after Alsup’s decision, a separate order by U.S. District Judge James Bredar in Maryland issued a similar but more sweeping order covering 18 agencies rather than the six covered in Alsup’s decision.
