A judge ruled Thursday that the Trump administration’s directive to fire tens of thousands of workers across the federal government is likely illegal. But it’s not yet clear what that means for current employees, as well as those who were already terminated under the directive.
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Elon Musk’s plans for mass government firings just hit a legal roadblock
The Office of Personnel Management (OPM) issued the orders earlier this month amid Elon Musk and his Department of Government Efficiency’s efforts to slash government spending. It targets “probationary” workers who have been in their current position for less than two years, which includes people who have been working in government for a long time and were recently promoted.
A group of labor unions swiftly challenged the directive in federal court, arguing that OPM lacked the authority to order mass firings and that the agency falsely cited employee performance issues. In remarks from the bench on Thursday, the judge in the case ordered OPM to rescind its directive and temporarily blocked planned terminations of civilian employees at the Department of Defense specifically.
US District Judge William Alsup said that “Congress has given the authority to hire and fire to the agencies themselves.”
“The Office of Personnel Management does not have any authority whatsoever, under any statute in the history of the universe, to hire and fire employees at another agency. They can hire and fire their own employees,” he added.
However, that doesn’t necessarily mean that the jobs of federal workers are safe or that terminated employees will be able to return to their old posts. That may depend on what happens next in the courts.
“We know this decision is just a first step, but it gives federal employees a respite,” Lee Saunders, president of the American Federation of State, County, and Municipal Employees, said in a statement.
What’s next for federal workers?
Alsup will consider whether to block the Trump administration from carrying out further terminations at a March 13 hearing. But even if he does, the Trump administration likely will not give up so easily on their goal of cutting the federal workforce by at least 10 percent.
“The Trump administration would argue that federal courts have no authority to tell us who we have to hire,” said Cary Coglianese, a professor of administrative law at the University of Pennsylvania Carey Law School.
At most, any such court interventions may only be able to temporarily delay the Trump administration’s plans. OPM may have to rescind its directive to fire workers, but Alsup acknowledged that government agencies, many now headed by Trump allies, still have the authority to do so themselves. The process might just be slower than it would be under a blunt government-wide directive.
Coglianese said that, just as during his first term, Trump and his allies attempted the “quick and dirty method” to achieve their policy goals, and after facing roadblocks in the courts, will likely “go back at it again in a smarter, more deliberate way, or a way that can be more justified on legal grounds.”
“This won’t be the last in the last skirmish in the larger battle, to be sure,” he said.
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Video: G.O.P. May Bear The Cost of Trump’s Unpopularity
new video loaded: G.O.P. May Bear The Cost of Trump’s Unpopularity
By Shane Goldmacher, Nour Idriss, Stephanie Swart and Rafaela Balster
May 20, 2026
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Colorado Democratic Party censures Gov. Jared Polis after he commutes Tina Peters’ sentence
The central committee of the Colorado Democratic Party on Wednesday voted 89.8% in favor of a measure to censure Gov. Jared Polis. A censure temporarily bars him from speaking or participating in party-sponsored events.
Polis said earlier that the petition by hundreds of Democrats that called for the action is politically motivated. The petition is in response to Polis’ decision to commute the sentence of former Mesa County Clerk Tina Peters. The judge gave her nearly 9 years for her role in tampering with election equipment to prove unsubstantiated claims of fraud.
Polis cut the sentence in half. Peters could be paroled as early as June 1.
“My goal is to make the right decision with the information I have and that’s exactly what I did in this case,” Polis said. “I think the fact this has seemingly become so partisan shows the problem with this case, frankly. No case should be viewed from a partisan lens. Each case is about an individual and the crime they committed.”
The governor says he looked at other cases of corruption by public officials and none of them had sentences as steep as Peters.
“In nearly every case we saw probation, we saw 6 months,” he said.
Peters’ sentence, he says, was based too much on what she said rather than what she did. The appellate court raised the same concern.
“Clearly, her free speech — however much we disagree with it — was used as a factor in that sentencing,” Polis said.
Mesa County District Attorney Dan Rubenstein disagrees.
“This was not just a one act. This was a months-long pattern of deception to try to violate every security protocol we had as the person we entrusted specifically for that,” he said.
Rubenstein says Peters could have received 20 years. He notes even Polis’s own clemency board recommended against commutation.
Polis says he considered input from thousands of Coloradans and made his decision based on what he thought was right.
“I approach all these decisions with great humility and a very objective way looking at the data, of course,” he said.
Rubenstein says Polis ignored the advice of everyone closely involved in the case.
“That’s not humility, that’s arrogance — to believe that your judgment should substitute those others because you think they’re wrong and you think you’re smarter than them.”
The Democrats who asked the Colorado Democratic Party to censure the governor say his conduct is inconsistent with the party’s mission, which includes leading the battle for democracy. Polis insists he is doing exactly that.
“It’s caught up in the zeitgeist of the partisan divide which is a horrific thing that rips my heart apart, this divide that’s facing this country and our state. And I really hope that doesn’t impugn each individual sense of justice, whether they’re Democrat, Republican, liberal, conservative. We need to make sure that you’re punished based on the crime regardless of your beliefs,” Polis said.
Rubenstein says he wouldn’t have protested a four-and-a-half year sentence for Peters had it come from the judge, who presided over years of litigation, is from Mesa County, and understands the impact Peters actions have had on the community.
The governor says he didn’t talk to Peters before making his decision, but he noted she apologized for her actions and took accountability in her clemency request.
Rubenstein wonders how long her remorse will hold up. He says she has until Friday to appeal her conviction to the Colorado Supreme Court.
The following statement was released by the Colorado Democratic Party after their vote. It expands upon a statement state party chair Shad Murib released after Polis’ announcement last Friday that he was commuting the sentence of Tina Peters.
Tina Peters was convicted by a jury of her peers and sentenced by a judge who said she would do it all over again if she could. The Republican district attorney who prosecuted her called any sentence reduction ‘a gross injustice.’ He’s right.
Reducing her sentence now, under pressure from Donald Trump, is not justice. It sends a message to future bad actors that election tampering has consequences, unless you’re friends with the president. That’s a dangerous and disappointing precedent to set.
Colorado has spent years building trust in our elections and proving they are secure. At a time when democracy and voting rights are under attack across the nation, weakening accountability for someone convicted of undermining that trust is a mistake.
There are real cases that deserve the Governor’s attention and action. This is not one of them.
The State Central Committee finds that Governor Jared Polis’s decision to grant clemency to Tina Peters materially harmed the Colorado Democratic Party’s institutional credibility and efforts to defend democratic institutions and election integrity.
The State Central Committee formally condemns Governor Jared Polis’s clemency decision regarding Tina Peters and formally censures Governor Jared Polis for conduct inconsistent with the Colorado Democratic Party’s commitment to democratic institutions, election integrity, and public accountability.
The Colorado Democratic Party further clarifies that the clemency decision does not reflect the values, institutional positions, or democratic commitments of the Colorado Democratic Party.
The Colorado Democratic Party reaffirms its unwavering commitment to election workers, free and fair elections, and the rejection of election denialism and disinformation in all forms.
The State Central Committee recognizes the hundreds of Democrats who swiftly organized and raised their voices in defense of democracy and public trust in Colorado’s election system following the commutation decision.
Until further action by the State Central Committee or Executive Committee, Governor Jared Polis shall not participate as an honored guest, featured speaker, or officially recognized representative of the Colorado Democratic Party at Party-sponsored events and functions, including but not limited to the Obama Gala and DemFest.
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