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4th Circuit Tosses States’ Challenge to Trump’s Mass Firing of Probationary Federal Workers

The panel held the states lack standing because oversight of federal personnel rests with the national government.

Overview

  • The 2-1 decision by the 4th U.S. Circuit Court of Appeals found that 19 states and Washington, D.C., failed to show a judicially cognizable injury from the February mass terminations.
  • The court vacated a Maryland judge’s injunction that had ordered reinstatement of affected workers in the plaintiff jurisdictions and directed the case to be dismissed.
  • Judge J. Harvie Wilkinson III wrote the majority opinion joined by Judge Allison Jones Rushing, while Judge DeAndrea Gist Benjamin dissented.
  • The ruling clears the way for agencies to proceed with the terminations of probationary federal employees, which court filings and reports place at roughly 24,000 to 25,000.
  • The decision follows earlier appellate stays and a Supreme Court order that paused a separate reinstatement ruling affecting about 16,000 probationary workers.