The Trump administration has officially appealed a federal district court’s recent decision that invalidated nine key provisions of the president’s executive orders on collective bargaining, official time and employee removals.
Attorneys representing President Donald Trump and Office of Personnel Management Director Jeff Pon filed their appeal with the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday.
The appeal includes all prior orders and decisions that merge with the D.C. district court’s decision, which Judge Ketjani Brown Jackson issued on Aug. 24.
The appeal shouldn’t come as a major surprise, as OPM, in ordering agencies to “fully comply” with the federal judge’s decision, said it would work with the Justice Department to “evaluate next steps in this litigation.”
Federal unions said they saw the Aug. 24 decision as a major win, but they wouldn’t be surprised by an appeal from the administration.
Meanwhile, the appeal is sure to spark some confusion, as agencies begin to reverse any actions they took to comply with the president’s original executive orders, per OPM guidance.
Interestingly enough, the Trump administration, in its arguments before the D.C. district court, had made the case that the unions’ consolidate legal challenge of the president’s EOs belonged in the U.S. Court of Appeals anyway.
The U.S. District Court for D.C. lacked jurisdiction in this case, Trump’s lawyers said.
Together, they consolidated their lawsuits and sought summary judgment on four separate motions before the U.S. District Court for the District of Columbia.
In her opinion, Brown did not declare the executive orders themselves as violations of the law. The president did not overstep his executive authority or constitutional power by issuing these executive orders on federal labor-management relations, she said.
But, nine of the provisions outlined in the Trump’s three executive orders conflict with the original intention Congress had in drafting and passing the Civil Service Reform Act and Federal Labor-Management Relations Statute back in 1978.