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Fourth Circuit Dismisses States’ Challenge to Trump’s Mass Probationary Firings

The 2-1 decision found the states lack standing, vacating a Maryland injunction.

Overview

  • The Richmond-based appeals panel ruled 2-1 that 19 states and Washington, D.C., failed to show a concrete, redressable injury from the federal layoffs.
  • Judge J. Harvie Wilkinson III wrote the majority opinion joined by Judge Allison Jones Rushing, with Judge DeAndrea Gist Benjamin dissenting.
  • The court directed dismissal of the case, undoing a district court order that had temporarily reinstated probationary employees in the suing jurisdictions.
  • The states alleged agencies violated reduction-in-force rules requiring 60 days’ notice, while the majority deemed federal workforce management a federal concern and said any direct harms fell on nonparty employees.
  • Roughly 24,000 to 25,000 probationary federal workers were terminated in mid-February as part of a downsizing drive led by the Department of Government Efficiency, and a separate Supreme Court order in April paused a California reinstatement ruling covering about 16,000 workers.