Trump Admin Will “Fight” Court Order to Rehire Federal Employees
White House press secretary Karoline Leavitt says it’s “unconstitutional” for judges to review executive branch actions—as the Constitution empowers them to do.

The Trump administration practically declared war on the nation’s judicial system Friday, asserting that the executive branch would aggressively fight court orders requiring them to rehire thousands of federal employees.
White House press secretary Karoline Leavitt dismissed the system of checks and balances as “unconstitutional,” telling reporters that the administration would fight back by appealing the decisions with the “full weight” of the White House legal counsel.
“You cannot have a low-level district court judge filing an injunction to usurp the executive authority of the president of the United States,” Leavitt said. “That is absurd.”
Leavitt then said it was within the president’s authority to “fire or hire” judges, while highlighting that federal courts had placed more injunctions on the administration’s “agenda” in the last month than the Biden administration faced during a four-year term. Somehow, Leavitt interpreted that as a personal attack on the president and his policies rather than an indication that the administration’s strategies have been legally dubious.
“It’s very clear that there are judicial activists throughout our judicial branch who are trying to block this president’s executive authority. We are going to fight back,” Leavitt continued, underscoring the fact that Donald Trump has survived “nearly 200” legal challenges and has still ascended to the Oval Office.
But Leavitt’s argument that judicial pushback on Trump’s executive orders is somehow illegitimate ignores the fact that the three branches of government are designed to counterbalance one another. Judges are not supposed to bend to the will of a president’s agenda, but rather determine its legality based on legal precedent and the Constitution. Congress is also supposed to check the executive branch, but the Republican majorities in the House and Senate have effectively ceded that power to Trump, to curry favor with their constituents.
U.S. District Judge William Alsup ordered several agencies to “immediately” reinstate all fired probationary employees on Thursday, slamming the mass firing of federal employees as an “unlawful” directive by the Office of Personnel Management.
Those agencies included the Department of Veterans Affairs, as well as the departments of Defense, Energy, Interior, Treasury, and Agriculture. The order would also restore numbers at the IRS, which falls under the helm of the Treasury Department and has been hit hard by job cuts in recent weeks.
In a hearing leading up to the decision, Alsup torched the Trump administration’s decision not to submit OPM director Chad Ezell for questioning as a “sham,” and called the White House’s effort to cast the firings as performance failures as “a gimmick.”
Alsup’s order was delivered as federal agencies were due to submit “reduction memos” to the White House that could affect as many as 250,000 additional probationary federal employees.