American Federation of Government Employees, AFL-CIO, et al. v. United States Office of Personnel Management, et al. — 9th Cir. (argued August 28, 2026)
The Ninth Circuit considers whether the Civil Service Reform Act bars district-court review of a government-wide OPM directive under the Administrative Procedure Act. AFGE and other unions, nonprofit organizations, and Washington State sued OPM and other federal agencies. The district court held that OPM unlawfully directed probationary terminations and ordered corrective relief; those merits are not before this panel. The government says the CSRA still forecloses review. The plaintiffs say their challenge to OPM itself falls outside that scheme because probationary employees lack an administrative appeal.
American Federation of Government Employees, AFL-CIO, et al. v. United States Office of Personnel Management, et al. (No. 25-5875) — U.S. Court of Appeals for the Ninth Circuit, argued August 28, 2026.
- 0:00Introduction
- 0:56Joshua M. Koppel — Federal Defendants
- 2:56Thunder Basin framework
- 21:32Danielle E. Leonard — Plaintiffs