Last year, the Trump administration terminated more than 20,000 probationary employees across the federal government. Employees challenged those terminations in class actions at the Merit Systems Protection Board (MSPB). This post summarizes recent developments in that litigation. Our last update from March 2026 is available here.
Six of the MSPB class actions remain active, arising from terminations at the Department of Homeland Security, Department of the Interior, Department of Health and Human Services, Department of Commerce, Department of Housing and Urban Development, and Office of Personnel Management.
The DHS and DOI cases are proceeding on appeal at the U.S. Court of Appeals for the Federal Circuit after they were dismissed by an MSPB Administrative Judge. The cases have been consolidated, meaning that they will be argued to the Federal Circuit together. The docket is available here.
Three briefs have been submitted to the Federal Circuit in the DHS/DOI appeal:
- The opening brief filed on behalf of DHS and DOI employees.
- An amicus brief in support of the employees, filed by the Constitutional Accountability Center
- The response brief filed by the government.
One more brief will be filed–the employees’ reply brief–and the Federal Circuit will then schedule an oral argument, likely to occur in 2027.
The HUD and OPM cases have been dismissed by an MSPB Administrative Judge, like the DHS and DOI cases. The HUD decision has been appealed to the Federal Circuit. The OPM decision will likely be appealed as well.
Finally, the HHS and Commerce cases have been put on hold while the parties wait for the Federal Circuit’s ruling in the DHS/DOI appeal. Those cases have been dismissed without prejudice, to be automatically refiled by the MSPB either in March 2027 or shortly after the Federal Circuit issues a decision in DHS/DOI, whichever comes first.