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96% Pushbacks from District Courts: What It Means for Your Job

appeals court trends district court injunctions federal employment public comment violations rif May 28, 2025
 

May brought a wave of legal defeats for the administration—26 out of 27 challenged actions were struck down in federal district courts. If you're a federal employee worried about your job, those rulings may be the only reason your position hasn't already been eliminated.

The cases involve sweeping reductions-in-force (RIFs), reorganizations, and fast-moving policy changes. Trial judges across the political spectrum are repeatedly flagging the same legal flaws: (1) the administration bypassed required statutory or regulatory steps, such as public comment periods; and (2) it failed to offer data that supports its claims of urgency. When both errors appear, judges often issue temporary injunctions—buying time for employees, and in many cases, for vulnerable populations that rely on federal programs.

 

But Appeals Courts Are Flipping the Script

Here’s where it gets more precarious. According to political scientist Adam Bonica, nearly 88% of these district court injunctions are reversed or narrowed on appeal—especially in conservative circuits. And while the Supreme Court hasn’t weighed in on many of these specific cases yet, its recent deference to executive power doesn’t bode well for long-term protections.

So while you may feel some short-term relief, these victories are temporary. Unless final appellate decisions uphold the injunctions, the structural changes may still go through.

 

What Federal Employees Should Do Right Now

This moment calls for both calm and action. If your agency has issued a RIF notice, restructured a program, or pushed sudden changes to your workload, document everything. Courts often look to real-world impacts—like service slowdowns or morale breakdowns—to evaluate harm and weigh injunctions.

Second, stay informed. The government's reply brief on a major nationwide RIF injunction is due imminently, and a decision could come within hours. Following developments in real time is critical—not because panic is useful, but because preparation is.

If you’re unsure where to start, we recommend setting aside five minutes to list any job disruptions you've experienced this quarter. Doing so not only helps you stay grounded—it could become useful evidence in later proceedings.

 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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