Judges reject Trump bid to keep probationary workers out of office

By Pamela King | 03/17/2025 04:03 PM EDT

One 9th Circuit judge said reinstating fired feds would lead to HR whiplash.

The words "Department of the Interior" against a stone building.

Courts have ordered agencies like the Interior Department to bring back fired probationary employees. Francis Chung/POLITICO

The Trump administration has lost its attempt to halt a court order requiring it to bring back probationary employees at agencies like the Interior and Energy departments.

In a 2-1 decision issued Monday, the 9th U.S. Circuit Court of Appeals rebuffed the administration’s argument that an emergency stay of the order from a federal judge in California would preserve the status quo.

“It would do just the opposite,” said Senior Judge Barry Silverman, a Clinton appointee, and Judge Ana de Alba, a Biden pick, for the majority. “It would disrupt the status quo and turn it on its head.”

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Monday’s decision from the 9th Circuit comes just days after Senior Judge William Alsup, a Clinton appointee to the U.S. District Court for the District of Northern California, rebuked the Trump administration for removing probationary employees — generally those who have served in their roles for less than one to two years — as part of its effort to shrink the federal government. Thousands of workers at agencies like Interior and DOE have been affected.

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