Reply to Why are people not freaking out about Schedule F here?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I am hearing north of 250k employees could be converted to this new schedule. Not just policy makers, but admin types and more. Seems like this is a pretext for laying off hundreds of thousands.[/quote]

I wasn’t freaking out until I read about the recently-acquired FOIA materials showing exactly this — that the interpretation of a policy position could be stretched wildly to include hundreds of thousands of people, including some people low on the GS scale. Below is a WaPo article about it, which I’ve gifted.

https://wapo.st/3Tsz10G

If this happened — not the implementation of Schedule F per se, but the insane over-interpretation of what can be classified as a Schedule F position — would it be litigated and delayed? [/quote]
Of course it would be.  Democrats still control a lot of federal district and appellate courts, including in D.C.  Democrat judges would enjoin the implementation and tie it up in appeals for a couple years before SCOTUS overturns (I don't think it would be fast-tracked).[/quote]

Could this be litigated in federal court from the start or would it need to go to MSPB first? If the latter, does MSPB issue stays? I’ve only heard of cases there taking years and in the meantime, the former fed has found a new job. [/quote]

My guess is any potentially viable lawsuit would not go through the MSPB as an appeal of an individual employment action, but rather to federal court as an APA violation.[/quote]
Agreed.  Biden is putting in protections that would need to be undone via APA rulemaking.  Assuming the Biden rulemaking holds up, Trump would need to go through a months-long rulemaking process, and litigation would commence after issuance of a final rule.  The midterms would probably happen before the litigation concludes, and assuming the Dems win the House (as the minority party usually does), they would have some leverage against Trump.  This is all speculation, but the point is, no one should be expecting mass firings on January 20, 2025.[/quote]

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