Another Biden-appointed judge tells Trump he can’t fire exec branch employees

Daily Caller News Foundation

A Biden-appointed federal judge ruled on Tuesday that President Donald Trump must put a stop to the mass layoffs at the Department of Health and Human Services (HHS).

U.S. District Judge Melissa DuBose granted 19 state attorneys general and the District of Columbia a preliminary injunction, first sought in May, stating that the states had proved that “irreparable harm” had been caused by the cuts, according to The Associated Press (AP). The ruling applies to terminated employees in the Centers for Disease Control and Prevention (CDC) and the Center for Tobacco Products in the Food and Drug Administration (FDA), among many others.

“The executive branch does not have the authority to order, organize, or implement wholesale changes to the structure and function of the agencies created by Congress,” DuBose wrote in a 58-page decision.

DuBose’s order also blocks the Trump administration from finalizing the layoffs or issuing any other firings. The attorneys general argued that the cuts and restructuring were outside of the scope of the agency’s authority.

HHS Secretary Robert F. Kennedy Jr. eliminated over 100,000 positions in March and shortened the number of agencies from 28 to 15, the AP reported. The cuts have caused agencies such as the CDC to undergo a series of layoffs.

“The intended effect … was the wholesale elimination of many HHS programs that are critical to public health and safety,” the attorneys general argued in the lawsuit.

Kennedy told senators during a May 14 hearing that the cuts are necessary to eliminate the “chaos and disorganization” at HHS.

The move is the latest of judges interfering in Trump’s attempts to fire federal employees. In March, a judge appointed by former President Bill Clinton directed six federal agencies to reinstate thousands of fired federal workers, including the Departments of Defense, Veterans Affairs, and Treasury.

DuBose’s order also follows the U.S. Supreme Court’s decision on Friday that district judges have overstepped their authority by issuing universal injunctions relating to Trump’s executive orders.

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