The Department of Justice contends that 20 state attorneys general suing the Trump administration over mass federal worker firings have “no hope of success,” arguing in a Monday court filing that states have no authority to interfere in government employment matters.
“The States cannot circumvent that channeling scheme by asserting downstream harm from those employment actions,” the DOJ stated in an opposition filing on behalf of the U.S. Department of Agriculture, Department of Education, and other federal agencies. The lawsuit, brought by states including Washington, D.C., and Maryland, challenges the administration’s handling of terminations affecting federal employees across the country.
DOJ attorneys urged U.S. District Judge James Bredar to reject a motion for a temporary restraining order (TRO) that would halt the USDA from terminating probationary employees without individualized assessments of performance and compliance with “Reduction in Force” procedures. The states are also seeking to reinstate workers they claim were unlawfully fired and require the USDA to submit ongoing status reports on its compliance.
The DOJ noted that a similar lawsuit, filed by the National Treasury Employees Union in Washington, D.C., sought to reverse the termination of Consumer Financial Protection Bureau (CFPB) employees. That case, which accused the administration of unlawful dismissals, resulted in a temporary court order halting the terminations, but a judge ultimately denied further relief. Another lawsuit in California also attempted to challenge the mass firings but failed to overturn them.
“The third time is not the charm,” DOJ lawyers wrote, arguing that states, like unions and other plaintiffs, have no standing to interfere with federal employment matters. The filing cites Trump’s campaign promise to raise federal workforce standards and his first-day memorandum emphasizing the need for an “excellent and efficient Federal workforce.”
According to the DOJ, the firings align with the administration’s focus on employee performance and should not be disrupted by states lacking jurisdiction over federal employment. Blocking the terminations, the DOJ argues, would impose “significant and unrecoverable” costs on the government.
The states’ lawsuit, filed in Baltimore federal court, accuses Trump administration officials of violating federal regulations by failing to provide required 60-day notices before terminating employees.
