WASHINGTON – President Trump’s lawyers urged the Supreme Court on Monday to block a judge’s order that required the government to “instantly” rehire the 16,000 federal employees.
On an emergency appeal, they argued that US District Judge William Alsup in San Francisco does not have the legal authority to recertify the administration’s personnel decisions.
The appeal is the first to call on the High Court to shave the administration’s aggressive plan to reduce the federal workforce.
Acting General Sarah Harris said the judge’s “extraordinary order of reinstatement violated the separation of power and was rog arrog arrog to a single district court.
She said the U.S. Court of Appeals for the Ninth Circuit does not yet control the administration’s appeal against the judge’s order, and asked the High Court to at least temporarily put the judge’s order on hold.
Federal employees have legal rights as civil servants, but these rights have proven to be ineffective in combating large-scale layoffs.
The union representing tens of thousands of federal employees sued in late January, but their lawsuit was thrown out on the ground that the Civil Service Act requires employees to file complaints with administrative agencies within the government.
The Supreme Court has stated that this is the exclusive route for such a claim.
As a fallback option, President Clinton’s appointee, Allsup, cited allegations from those relying on the National Park Service or the veterans affairs, the Department of Defense, Energy, Agriculture, the Interior and Treasury.
He spoke in court and ordered those agencies to “provide reinstatement to all probation employees who ended around February 13th and 14th, 2025.”
Harris did not explain what the administration did to comply with the orders.
She said the Supreme Court should not allow a single district court to seize control over the review of federal personnel decisions.
Justice is likely to seek responses from lawyers who filed the lawsuit in San Francisco.
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