Posted on 03/17/2025 12:57:07 PM PDT by Enlightened1
The Ninth Circuit Court of Appeals on Monday rejected an appeal from the Trump administration and upheld a lower court order demanding that the administration rehire thousands of probationary employees across a range of federal agencies.
Judge William Alsup last week determined that the administration unlawfully fired thousands of employees from the Departments of Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs and ordered their reinstatement.
The panel of the Ninth Circuit ruled 2-1 in favor of upholding Alsup's order, Forbes reported. The case may soon reach the Supreme Court, where the Trump administration has already asked the justices to rule on the scope of a district judge's ability to impose nationwide injunctions.
"[Broad injunctions] compromise the executive branch’s ability to carry out its functions,” Acting Solicitor General Sarah Harris wrote in a recent appeal over Trump's birthright citizenship order. “This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched."
No Surprise here! Supreme Court needs to decide who is President, Judges, or the elected President.
9th Circus. Clown show...................
Everytime they fight Trump in the courts, his popularity soars. This time they are fighting the will of the people’s vote. They never learn. Should have played opossum.
Okay, this is getting stupid...
Is there a way that these courts can be sacked or eliminated?
The mistake is going to the 9th circuit. You’re unlikely to get any sensible decision from this court.
If the Judicial Branch is allowed to do lawfare against Trump, he might as well go home and let the Deep State continue to destroy our sovereignty, and enslave our progeny to a future of endless debt, hyperinflation, and war.
Not surprising. This will go to SCOTUS.
Be careful what you ask of that Court.
Good luck with the USSC circus.
Somebody needs to call this a violation of "Good behavior."
Here is the actual US Code.
5 U.S. Code - Part III - EMPLOYEES § 4303 - Actions based on unacceptable performance
(a) Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
(b)
(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—(c) The decision to retain, reduce in grade, or remove an employee—(A) 30 days’ advance written notice of the proposed action which identifies—(C) a reasonable time to answer orally and in writing; and(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and(B) be represented by an attorney or other representative;(ii) the critical elements of the employee’s position involved in each instance of unacceptable performance;
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(1) shall be made within 30 days after the date of expiration of the notice period, and(d) If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee’s performance continues to be acceptable for 1 year from the date of the advance written notice provided under subsection (b)(1)(A) of this section, any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any agency record relating to the employee.(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this section in connection with the decision; and(B) for which the notice and other requirements of this section are complied with.
(e) Any employee who is—
(1) a preference eligible;(f) This section does not apply to—(2) in the competitive service; or
(3) in the excepted service and covered by subchapter II of chapter 75,
and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701.
(1) the reduction to the grade previously held of a supervisor or manager who has not completed the probationary period under section 3321(a)(2) of this title,
(2) the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less,
(3) the reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions, or
(4) any removal or demotion under section 714 of title 38.
US Code specifically excludes probationary employee dismissals from the rules of unacceptable performance.
-PJ
If the Executive can’t fire people, nobody can.
Probationary means permanent?
exactly
didn’t know the judiciary handles payroll
Again, Trump needs to tell these judges to go pound sand..he is the chief executive officer, he can fire and hire whoever the hell he damn well pleases
Pay them 1 dollar a day.
The (Demorat) Judicial system wastes and abuses Scotus time and money!
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
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