Update

Democracy Forward Secures Stay on the Termination of Six Probationary Federal Workers, National Injunction to Block Federal Funding Freeze

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Published
February 26, 2025

Yesterday, Democracy Forward and our partners secured two significant legal victories, continuing its efforts to protect federal employees and block the unlawful freeze of federal funding. In the U.S. District Court for the District of Columbia, a judge granted a preliminary injunction of the OMB’s freeze on federal grant disbursements that has put essential services across the nation in jeopardy, in response to a suit filed by Democracy Forward on behalf of the National Council of Nonprofits, the American Public Health Association, Main Street Alliance, and SAGE.

In a separate action, the Merit Systems Protection Board (MSPB) granted a request from the U.S. Office of Special Counsel (OSC) to halt the termination of six probationary employees who filed a class complaint alleging that their terminations were unlawful. The request to halt the terminations and reinstate federal workers was made in a complaint filed by Democracy Forward and Alden Law Group on behalf of six civil servants across multiple federal agencies who were terminated by the Trump administration “with no regard for the performance or conduct” but instead because of their probationary status due to their short tenure with the federal government.  Now that the stay on the terminations will go into effect, we will work to expand the stay to cover all probationary federal employees who were unlawfully terminated.

See coverage below:

BLOOMBERG: Judge Blocks Trump’s Plan to Freeze Grants and Loans, Citing ‘Chaos’

US District Judge Loren AliKhan’s order issued in Washington Tuesday bars agencies from executing “unilateral, non-individualized” funding cut-offs that implicated potentially trillions of federal dollars. The nonprofit groups that sued showed they faced the risk of “economically catastrophic” effects without the block, even though the Office of Management and Budget swiftly rescinded the original January memo that kicked off the legal fight.

Skye Perryman, president of Democracy Forward, which is representing the nonprofits, said in a statement that AliKhan’s injunction “will allow our clients to continue to provide services to people across this country. We are pleased that the court issued this ruling, halting the Trump administration’s lawless attempt to harm everyday Americans in service of a political goal.”

THE HILL: Judge indefinitely blocks Trump’s plan to freeze federal aid

A coalition of nonprofits challenged the Office of Management and Budget’s (OMB) directive last month. Though the memo that spurred the lawsuit was rescinded, the coalition has argued that the administration maintains an interest in carrying out the same policy as part of its broader efforts to dramatically reshape the federal government.  

“It’s an administrative priority to end wokeness, and they’re backing that with this cudgel of withholding billions — perhaps trillions — in funding,” Kevin Friedl, a lawyer for the plaintiffs, said during a hearing on the preliminary injunction last week.

The lawsuit was filed by the National Council of Nonprofits; SAGE, a pro-LGBTQ advocacy organization for older adults; the American Public Health Association; and small-business group Main Street Alliance. They are represented by Democracy Forward, a left-leaning legal organization that has frequently battled Trump in the courts.

ASSOCIATED PRESS: Judge extends block on Trump administration’s sweeping freeze on federal funding

U.S. District Judge Loren AliKhan in Washington, D.C., issued a preliminary injunction requested by groups representing thousands of nonprofits and small businesses. It’s the first such order since the Trump administration announced a sweeping pause on federal aid, stirring up a wave of confusion and anxiety across the U.S.

Organizations represented by the advocacy group Democracy Forward argued that the funding freeze violates their First Amendment rights.

Some groups initially said they couldn’t access promised federal funding even after the memo was rescinded. During a hearing last Thursday, however, plaintiffs’ attorney Kevin Friedl said the earlier temporary restraining order has “shown its value.”

WASHINGTON POST: Federal board halts firings of six probationary employees amid Trump cuts

An independent federal board on Tuesday granted a request from the U.S. Office of Special Counsel (OSC) to halt the termination of six probationary government employees amid the Trump administration’s efforts to slash the federal workforce.

Legal organization Democracy Forward, which filed a complaint on behalf of the six workers Feb. 14 alongside the Alden Law Group, said Tuesday in a statement that the two groups will now work “to expand the stay to cover all probationary federal employees who were unlawfully terminated.”

Democracy Forward president and CEO Skye Perryman called MSPB’s decision “the correct result of a clearly unlawful and massively disruptive action by the Trump administration.”

NPR: 6 federal workers get their jobs back in 1st successful challenge to Trump’s firings

The Office of Special Counsel took up the case of the six fired employees after receiving a complaint, brought on their behalf by the legal advocacy group Democracy Forward and the Alden Law Group.

“These are hardworking individuals,” said Michelle Bercovici, a partner with the Alden Law Group. “They’re people who want to make this country better.”

Democracy Forward and the Alden Law Group have amended their original complaint to include more than a dozen other federal agencies.

“We will continue to urge the Office of the Special Counsel and the MSPB to follow the law, protect all federal workers, investigate misconduct, and uphold the independence and integrity of our civil service,” said Democracy Forward President and CEO Skye Perryman in a statement.

NEWSWEEK: Donald Trump Forced to Reinstate Federal Workers He Fired

Six federal employees who were fired as part of President Donald Trump’s major government cost-cutting measures will be temporarily reinstated following a ruling by the Merit Systems Protection Board (MSPB).

The move is the latest blow for the president, who has faced criticism and legal challenges over his administration’s major federal spending cuts, overseen by Elon Musk’s Department of Government Efficiency (DOGE).

Nonprofit Democracy Forward President and CEO Skye Perryman told Newsweek in a statement: “The Merit Systems Protection Board’s decision to grant this stay is the correct result of a clearly unlawful and massively disruptive action by the Trump administration. We will continue to urge the Office of the Special Counsel and the MSPB to follow the law, protect all federal workers, investigate misconduct, and uphold the independence and integrity of our civil service. We will use all legal tools to defend America’s civil service from an Administration seeking to harm them.”

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