Federal Judge Allows Trump Admin Buyout Program to Continue

The judge had issued a temporary hold on the program.
Federal Judge Allows Trump Admin Buyout Program to Continue
The entrance to the Theodore Roosevelt Federal Building that houses the Office of Personnel Management headquarters is shown in Washington on June 5, 2021. Mark Wilson/Getty Images
Sam Dorman
Updated:
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A federal judge has removed a block he had previously placed on the Trump administration’s buyout program for federal workers and denied unions’ request for further relief.

Massachusetts Judge George O'Toole said in a Feb. 12 order that the plaintiffs lacked standing and the court did not have subject matter jurisdiction over their claims.
According to the White House, at least 70,000 federal workers have accepted the buyout offer that came as part of the “Fork in the Road” plan allowing employees to take a deferred resignation with months of pay.

“The unions do not have the required direct stake in the Fork Directive, but are challenging a policy that affects others, specifically executive branch employees,” O’Toole said. “This is not sufficient.”

His order indicated that aggrieved employees should bring claims through the administrative process. “That the unions themselves may be foreclosed from this administrative process does not mean that adequate judicial review is lacking,” he said.

The American Federation of Government Employees (AFGE), one of the union plaintiffs, criticized the ruling in a statement.

“Today’s ruling is a setback in the fight for dignity and fairness for public servants,” AFGE National President Everett Kelley said in a press release. Kelley added that “AFGE’s lawyers are evaluating the decision and assessing next steps.”

O’Toole’s decision came two days after a Feb. 10 hearing in Boston, where the Department of Justice (DOJ) and an attorney for the unions argued before O’Toole. At that time, O’Toole said he would maintain a block he imposed on Feb. 6 until he made a decision on further relief.

A senior administration official said in a statement to The Epoch Times that the buyout program was closed as of 7 p.m.

“There is no longer any doubt: the Deferred Resignation Program was both legal and a valuable option for federal employees,” the official said.

“This program was carefully designed, thoroughly vetted, and provides generous benefits so federal workers can plan for their futures.”

Mark Tapscott contributed to this report.
Sam Dorman
Sam Dorman
Washington Correspondent
Sam Dorman is a Washington correspondent covering courts and politics for The Epoch Times. You can follow him on X at @EpochofDorman.
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