Gurtaran Johal is a student at Harvard Law School.
In today’s news and commentary, the U.S. Department of Health and Human Services lays off thousands of employees; attorneys for the Trump Administration argue against revealing plans to reduce the workforce of federal agencies; and the Fourth Circuit grants an emergency stay on the termination of temporary protected status (TPS) for thousands of Afghans in the United States.
On Monday, the U.S. Department of Health and Human Services officially laid off thousands of employees, which comes after the Supreme Court lifted a lower court order that had blocked President Trump’s ability to order mass layoffs of federal employees. The department first endured layoffs in late March, cutting 10,000 employees in the National Institutes of Health, the Food and Drug Administration, the Centers for Disease Control and Prevention, and other federal health agencies. The Health Secretary, Robert F. Kennedy Jr., pursued these layoffs in order to conduct a restructuring of the department, including by consolidating the department’s 28 divisions into 15. These layoffs will continue to face legal hurdles, as there remains an ongoing federal lawsuit in Rhode Island challenging the firings and reorganization.
Meanwhile, in AFGE v. Trump, attorneys for the Trump Administration argued that the administration does not have to reveal its plans to reduce the workforce of federal agencies. Specifically, they contend that the plaintiffs’ claims fall under the Administrative Procedure Act (APA), which only entitles the plaintiffs to review of the administrative record. The attorneys also reasoned that the plans are privileged, asserting that they include strategies for negotiations with unions, reorganization, and regulatory changes. As the mass layoffs become public, the Trump Administration’s reorganization plans remain largely private.
Lastly, on Friday, July 11th, Judge Theodore Chuang of the U.S. District Court for the District of Maryland ruled that a lawsuit challenging the revocation of TPS for Afghans could move forward, but protections for these immigrants would not be preserved throughout the litigation. Judge Chuang held that the plaintiffs had not demonstrated a “likelihood of success on the merits” necessary to stay removal of the protections. However, CASA, a nonprofit immigrant advocacy group, appealed the decision on Monday and received a stay, allowing Afghans to retain TPS. While the Fourth Circuit did not provide reasoning for its decision, the stay is in place for one week. Both sides will now file briefs supporting their positions.
Daily News & Commentary
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]