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Help Us Find Our Next Attorney + Schedule Policy/Career: Major Movement Expected Next Week (Bonus Review)

Mar 06, 2026
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Hi everyone,

I rarely send anything outside our daily newsletter, but I wanted to reach out with a few things today. There is a significant Schedule Policy/Career update below, along with my early attorney take on the Second Amended Complaint that was just filed challenging the policy.

And importantly — we are hiring, again. If you know an attorney who would thrive doing this work, I would be grateful if you scrolled down and forwarded that section to them. You might help someone find a career they love.

Schedule Policy/Career — Expect Movement Next Week

We believe significant movement on Schedule Policy/Career is likely Monday or early in the week ahead. This issue could affect roughly 50,000 federal employees, and we are watching it very closely.

If you are not already following our coverage, now is the time. We have a full one-hour explainer at fedlegalhelp.com/schedulepc, and we will be posting updates as developments break.

Early Take: The Second Amended Complaint

Two days ago, challengers filed a Second Amended Complaint against the Schedule Policy/Career rule. If you want to read it yourself, here is the link: Second Amended Complaint

Here is my early read as an attorney.

  • The core argument is structural: the Administration is using executive action and rulemaking to move large numbers of career civil servants into a category that functions more like political or at-will service — something the challengers say goes well beyond what Congress authorized. The civil service system was designed to protect nonpartisan career employees from exactly this kind of political reclassification, and the complaint treats this as a foundational violation, not a policy disagreement.
  • The second major thread is due process. Once federal employees have earned statutory civil-service protections, the complaint argues, the government cannot simply relabel positions and strip those protections without running into serious constitutional problems.
  • The filing also presses an Administrative Procedure Act challenge, arguing the government's justification is legally insufficient and that the rule is arbitrary and capricious.
  • This will be a serious fight. The government will argue that the President has broad authority over policy-influencing roles and that these positions should be more accountable to elected leadership. The real battle will be over where the legal line falls: which jobs can lawfully be swept in, what protections attach to current employees, and whether the courts view this as legitimate reform or as an end run around the structure Congress created.

My early view is that the amended complaint raises substantial issues worth taking seriously. We will continue breaking this down as things develop.

Last, We're Hiring Again — And You've Helped Us Find Great People Before

Southworth PC is growing, and we are looking for an experienced Employee Rights Attorney who can handle EEOC, MSPB, and OSC cases from intake through trial. The position requires a J.D., bar admission, and at least three years of experience in employment law and trial practice. We offer competitive compensation, performance-based bonuses, benefits, and a mission-driven environment where the work makes a real difference for federal employees. Many of our associates are former federal employees.

If you know someone who might be a fit, I would be grateful if you forwarded this to them. Interested candidates should email a resume and cover letter to [email protected] with the subject line: "Interest in Helping Federal Employees."

Thank you, as always, for your support and trust. We will keep doing our best to give federal employees clear, honest, high-level analysis when it matters most.

 

With gratitude,

Shaun Southworth

CEO, Southworth PC

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