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The group initially filed the lawsuit in federal court in Alexandria, Virginia, arguing that the policy violates the First Amendment by restricting judges’ speech.
U.S. District Judge Leonie Brinkema initially dismissed the case, pointing to the Civil Service Reform Act, which requires federal employees to pursue disputes through an administrative review process rather than in district court.
The 4th Circuit, however, returned the case to Brinkema, noting concerns over President Donald Trump’s actions that “call into question” whether the administrative system remains independent from presidential influence.
The appeals court referenced Trump’s dismissal of key figures, including the chair of the Merit Systems Protection Board and the Special Counsel, who play central roles in overseeing federal employment disputes.
The panel suggested that Congress may not have intended for federal employees to rely solely on the administrative process if it can no longer operate independently of the president.
The district court was instructed to gather additional information on “the continued vitality of the adjudicatory scheme” before the case proceeds.
Following the 4th Circuit’s refusal to pause the ruling, Solicitor General D. John Sauer asked the Supreme Court on December 5 to block the decision.
Sauer argued, “unelected judges do not get to update the intent of unchanged statutes if the court believes recent political events… alter the operation of a statute the way Congress intended.”
He also warned that the ruling could create “destabilizing uncertainty” impacting other administrative review processes beyond federal employment cases.
Chief Justice John Roberts, who handles 4th Circuit emergency matters, briefly paused the decision while the full Court considered Sauer’s request. That pause ended Friday with the justices declining to step in.
The judges’ association countered that “the inference that Congress intended to withdraw district-court jurisdiction over federal employment claims may no longer be appropriate” if the administrative process is no longer independent from presidential oversight.
They added that the government would not face harm if limited fact-finding were allowed, arguing the review is narrowly focused and fair.
The Supreme Court agreed that the administration failed to show “irreparable harm” if the case moves forward in district court. Justices emphasized that the government could still seek relief if the Court later takes up the appeal.
The ruling comes amid heightened attention on the Supreme Court, which has been addressing major cases involving campaign finance laws. Conservative justices, including Clarence Thomas, recently questioned prominent left-leaning attorney Marc Elias about limits on political contributions.
Elias argued that Congress has the authority to cap spending, while Republicans filing the suit maintain that coordinated political donations constitute protected speech and should not be restricted. The case could reshape campaign finance rules and potentially curb Democratic fundraising advantages ahead of the midterms.
Currently, Congress imposes limits on individual contributions to candidates, and the Supreme Court has previously sought to balance First Amendment rights with measures preventing excessive influence and corruption in elections.
