D.C. Circuit Denies NTEU Request in Exclusions Lawsuit But District Court Litigation Continues

The full D.C. Circuit refused to reconsider a decision halting the emergency relief that NTEU won at the district court level in its legal challenge to the Exclusions Executive Order, which strips collective bargaining rights from about two-thirds of our bargaining unit employees.

A three-judge panel of the D.C. Circuit, in a 2-1, paused the effect of the district court's emergency relief in May. While NTEU urged the full D.C. Circuit—all eleven judges—to reconsider the decision, the Court denied that request. As a concurring judge noted, that result was due, in her view, to the exceedingly high bar for the full court to rehear cases.

NTEU was prepared for this outcome. For months, with emergency relief up in the air, NTEU has been focused on winning permanent relief against the Executive Order at the federal district court level. On June 9, NTEU filed a motion for summary judgment with the district court. A motion for summary judgment asks the judge to decide the legal claims based on undisputed evidence. The government has likewise filed a motion for summary judgment with the court. Briefing on those dueling motions will conclude tomorrow. We expect to get a ruling on our motion this summer.

We will keep you updated on our efforts to stop this illegal Executive Order.