Tipsheet

Federal Court Block Trump Administration DEI Firings Just Days After Related SCOTUS Case

A federal court has blocked the Trump administration from firing 19 intelligence officers assigned to DEI programs.

In a 2-1 decision, the Fourth Circuit Court of Appeals ruled that the Trump administration’s firings were illegal because they did not allow for an appeal or the opportunity for the 19 intelligence officers to request a reassignment.

The Court further ruled that the Trump administration illegally made the decision based on the anti-DEI executive order signed by President Donald Trump upon entering office rather than “workplace misconduct” or “performance concerns.”

The Court of Appeals’ decision stands seemingly in defiance of a recent Supreme Court decision in Trump v. Slaughter, which stated that the President of the United States had full authority to fire to remove the heads of independent agencies at will. While the SCOTUS ruling was more narrow, many had assumed that the decision would have allowed the President more leeway in removing employees of the Executive Branch.

The new wave of firings came shortly after Acting Director of National Intelligence Bill Pulte took over for Tulsi Gabbard, who issued the order to remove career intelligence officers working on DEI-related activities as one of his first acts.

The Trump administration has not indicated whether or not they will appeal the decision to reinstate the fired bureaucrats.