So he has orally ordered (immediately, from the bench -- during the hearing) that tens of thousands of probationary US agency employees (including HUD?) must be reinstated, to their federal jobs. . . right now.
They cannot be "forced" to go back to work, but they are owed paychecks from the last four weeks, and can now decide whether they want to keep their positions. The judge also ruled that OPM has no power to issue any subsequent "guidance" to other agencies, about HR / Firing / Hiring matters.
. . .Preliminary Injunction Hearing held on 3/13/2025. Court granted and extended TRO as stated on the record. Court directed counsel to file briefs by 3/21/2025, 12:00 noon, 10 pages in length as stated on the record. Memorandum Opinion to issue. . . .
Initial Case Management Conference not held. Still, discovery open; parties to comply with all rules and standing orders. . . .
Court further stated plaintiffs may depose Noah Peters in Washington, D.C.; Government to make him available for 3 hours within two weeks. . . .
[More soon. . . .]
Smiling -- onward -- well done, Willinator!
नमस्ते
5 comments:
Pending appeals to come?
Well… We have to wait to see the order in writing…
Because if the judge has found, as I think he has, that the entire process of claiming that the probationary were fired for performance… “was a sham”, that makes his decision almost purely factual, and less legal — and thus less subject to appeal.
The law is clear that in federal jobs the employer has to tell the truth about why it let an employee go.
That it seems plain did not happen here.
So to return to the “status quo ante,” the probationaries would be immediately returned to their jobs. Or at least their paychecks.
The government could appeal that, and litigate it in the upper courts, but the employees would have their jobs back.
That’s what I expect his ruling will say.
Stay tuned tonight or tomorrow, but if it comes at lunch or later tomorrow, I will be in the air flying to Colorado… And won’t cover it till late Friday night…
Did you see that US child with cancer deported to Mexico?Parent's don’t have legal status in US
Also frump is asking for military plans to take back canal? More shit thrown around. Just to cause chaos. What is wrong with us?
Saw both of those, yep -- crazy times, to be certain.
I do see that OPM has docketed an appeal cover sheet in the Ninth Circuit already. It recites that it is appealing today's preliminary injunction -- even before ant opinion and order in writing has been published by the able USDC Judge Alsup.
This appeal is likely to fail -- and won't result in a stay.
The status quo ante is for the workers to have jobs. The government cannot say that it is harmed (other than by money damages) in having to keep paying people it hired while this gets sorted out.
But of course, with these goofs. . . they just throw stuff at the wall, hoping anything might stick.
Thanks for all your input -- much appreciated.
Now we wait to see the ACTUAL reasoned opinion from Judge Alsup in SF.
Onward.
Post a Comment