U.S. District Judge James Bredar in the District of Maryland was asked to issue a preliminary injunction to prohibit the government from conducting any further reductions in force. United States District Court for the District of Maryland, Public domain, via Wikimedia Commons
Democratic attorneys general face off with Trump administration over rehiring fired feds
U.S. District Judge James Bredar told the plaintiffs and government he will need more details by 10 a.m. ET Thursday before he can make a decision.
A federal judge in Maryland said Wednesday he will briefly extend his temporary order requiring the Trump administration to reinstate federal jobs for 24,000 fired probationary employees while he considers whether to make it last until the case is decided.
U.S. District Judge James Bredar in the District of Maryland told the plaintiffs and government he will need more details by 10 a.m. Eastern Thursday before he can decide whether the case merits a preliminary injunction to stop all firings and require reinstatements. Such an action would likely last until a final judgment in the case is reached.
The temporary restraining order affecting the fired federal workers expires Thursday night, but Bredar told the parties he expects to extend it briefly while he considers new information.
President Donald Trump and White House adviser Elon Musk began directing agencies in early February to fire tens of thousands of federal workers who were in the first year or two of their positions, or had been recently promoted.
Wednesday’s hearing in Baltimore centered on a lawsuit filed March 6 by Democratic attorneys general in 19 states and the District of Columbia, including Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.
The attorneys general argued the mass firings led by Trump and Musk harmed states because the federal government did not provide the legally required advance notice that gives states time to prepare “rapid response activities” ahead of an influx of unemployed residents.
The states have asked Bredar to issue a preliminary injunction to prohibit the government from conducting any further reductions in force, also referred to as RIFs.
‘Great reluctance’ to grant preliminary injunction
But Bredar had tough questions Wednesday for lawyers representing the states and U.S. Department of Justice.
Bredar asked Virginia Williamson, counsel for the state of Maryland, why he should issue a nationwide preliminary injunction when the “majority of states have not joined this lawsuit.”
“That’s the issue that has to be faced,” he said.
Bredar expressed a preference for a more narrow injunction and ordered Williamson to submit more information within 24 hours that proves the need for a broader request.
“This court has great reluctance to issue a national injunction. You’re going to have to show me it’s essential to remedy harms (for your clients),” he said.
Eric Hamilton, representing the federal government, testified that the states lack standing, and that their argument is “unusual” in that their grievance is lack of warning about the firings — but they seek a remedy of giving employees their jobs back.
Bredar replied that the problem wouldn’t exist if the workers were returned to their status quo of being employed.
“If there’s no fire, there’s no need for the fire department to respond,” he told Hamilton.
Hamilton also argued that burdens placed on the government for having to rehire thousands of employees “are so much greater” than any financial injuries the firings caused for the states.
Bredar snapped back that the firings were “sudden and dramatic.”
“It’s not appropriate to flip that around. If you were worried about that, you shouldn’t have done it in the first place. I’m not buying that one,” the judge said.
When Bredar asked Hamilton why rehiring employees is precluded as a remedy, Hamilton argued there’s “not much precedent” for federal courts to issue orders to agencies about personnel decisions.
Second judge to order rehiring
Bredar issued a temporary restraining order March 13 immediately reinstating employment for just over 24,000 federal probationary workers across dozens of federal departments and agencies.
Agencies affected by the order included Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Transportation, Treasury and Veterans Affairs, as well as the Consumer Financial Protection Bureau, Environmental Protection Agency, Federal Deposit Insurance Corporation, General Services Administration, Small Business Administration and the U.S. Agency for International Development, according to court filings.
Bredar was the second federal judge on that date to order the Trump administration to rehire fired federal workers.
The government has appealed both rulings to their respective circuit courts.
In a status report due to Bredar on March 17, representatives for the federal agencies detailed the “substantial burdens” of rehiring the employees. At the time of the report, the agency heads placed almost 19,000 out of the 24,418 fired on paid administrative leave rather than placing them back on active duty status.
The required court filings marked the first time the government had provided a comprehensive list of the federal workforce downsizing that spanned February into March.
The agency representatives submitted updated status reports to Bredar Tuesday, reaffirming that many of the employees remain on paid administrative leave.
‘No secret of their contempt’ for civil service
In their original complaint, the attorneys general argued that Trump and administration officials “have made no secret of their contempt for the roughly 2 million committed professionals who form the federal civil service. Nor have they disguised their plans to terminate vast numbers of civil servants, starting with tens of thousands of probationary employees.”
The firings have subjected communities across the U.S. “to chaos” and will cost the states money in lost tax revenue and social services for unemployed residents, they wrote.
“These costs arise in the administration of programs aimed at providing connections to social services, like health care and food assistance,” they argued.
The government responded that the 19 states and District of Columbia have no standing in the case and ultimately can’t prove irreparable harm. They also maintained that the executive branch has the right to fire probationary employees.
“The action has no hope of success, because third parties cannot interject themselves into the employment relationship between the United States and government workers, which is governed by a comprehensive statutory scheme that provides an exclusive remedial avenue to challenge adverse personnel actions,” the government argued.
Bredar was appointed to the U.S. District Court bench by former President Barack Obama in 2010 and confirmed by voice vote in the Senate.
Before beginning his legal career in Colorado, Bredar worked as a National Park Service ranger, according to his biography published by the U.S. courts. Bredar worked as a prosecutor in Moffat County, Colorado, then as an assistant U.S. attorney and assistant federal public defender in Denver.
In 1992, he was appointed federal public defender for the U.S. District Court for the District of Maryland. He was appointed a U.S. magistrate judge in 1998.