Executive Order Litigation—Government Appeal

The government has appealed the federal district court’s decision on the anti-union Executive Orders.

U.S. Court of Appeals for the D.C. Circuit
U.S. Court of Appeals for the D.C. Circuit

You will recall that, on August 24, a federal district court invalidated 13 provisions in three anti-union Executive Orders issued on May 25. That sweeping victory was due to the litigation efforts of NTEU and other unions who filed lawsuits challenging those provisions.

Last night, the government appealed the district court’s decision to the U.S. Court of Appeals for the D.C. Circuit. NTEU expected this move. And NTEU is prepared to defend our victory.

I should also note that the government intends to ask the D.C. Circuit to expedite its consideration of its appeal—to move it along faster than would ordinarily be the case. It wants to do this for an obvious reason: it has suffered a big litigation loss and it wants to try to argue, as soon as possible, that the district court got it wrong. The district court, though, got it exactly right. NTEU will oppose any government effort to expedite the appeals process; there is absolutely no reason for it.

I will keep you informed of further developments in this matter as they occur.

Author: chapterpresident

I have worked in the FDA since 1990 in a variety of positions. I currently serve as chapter president of NTEU Chapter 254, representing FDA employees in Arkansas, Colorado, Iowa, Kansas, Missouri, Nebraska, New Mexico, Oklahoma, Texas, and Utah.