Trump's impact on the Civil Service Reform Act questioned by court decision
In a 32-page ruling made by a three-judge panel on the Fourth Circuit Court of Appeals, a case involving the National Association of Immigration Judges (NAIJ) and the Justice Department has been sent back to a district court for further consideration. The case, which dates back to 2020, centres around a rule prohibiting immigration judges from speaking or writing publicly in their personal capacity.
The judges expressed concern about potential political interference undermining the functioning of the CSRA's adjudicatory scheme. Judge Nicole Berner, a Biden appointee, wrote that when the Civil Service Reform Act functions as designed, the NAIJ would be required to bring its case through its administrative scheme. However, she also stated that it is not clear if the Civil Service Reform Act is currently functioning as designed.
The lawsuit argued that the "gag rule" violated the judges' free speech rights. This rule, first issued in 2017, was made more restrictive in 2020 and revised again in 2021. The union was formally decertified in 2022, but prior to that, the NAIJ and Columbia University's Knight First Amendment Institute had sued the Justice Department over the rule.
In 2023, a judge in the U.S. District Court for Eastern Virginia dismissed the case for lack of jurisdiction. However, the panel of judges instructed the district court to consider the Thunder Basin Supreme Court decision, which helps courts decide when parties must exhaust administrative review before going to court. The panel also questioned whether the Thunder Basin test needs updating in light of recent political interference with independent review bodies.
The decision potentially affects many other cases challenging President Trump's workforce actions. Union-related cases could also be affected due to Trump's firing of erstwhile FLRA Chairwoman Susan Tsui Grundmann. The decision could have a significant impact on numerous ongoing legal battles over the Trump administration's workforce policies and actions, including the firing of probationary workers, planned reductions in force across government, and the purge of appointees at independent agencies.
Don Kettl, professor emeritus and former dean at the University of Maryland School of Public Policy, stated that the decision poses fundamental questions about whether the Trump administration's actions could unravel the Civil Service Reform Act and the entire civil service system. The structure of the Civil Service Reform Act (CSRA) relies fundamentally on a strong and independent Merit Systems Protection Board (MSPB) and special counsel. The judges found that NAIJ, classified as a federal employee union until a 2020 decision by the Federal Labor Relations Authority to decertify it, must first seek redress from the MSPB before suing in federal court.
It is important to note that the Federal Labor Relations Authority made the determination recognizing the National Association of Immigration Judges as a federal labor-employer union on August 14, 2025. This decision marks a significant development in the ongoing legal battle, as it highlights the complexity and potential implications of the Trump administration's workforce policies on the functioning of the CSRA and the civil service system as a whole.
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