Altshuler Berzon LLP attorneys filed an amicus brief on behalf of the State Democracy Defenders Fund (“SDDF”) and 22 former public officials and legal scholars, in AFGE et al. v. Ezell et al., Case No. 1:25-cv-10276-GAO (D. Mass.), arguing that federal courts have jurisdiction to hear challenges pursuant to the Administrative Procedure Act to recent actions by the incoming Presidential Administration, effectuated through the Office of Personnel Management (“OPM”), known as the Fork in the Road Directive. As was widely reported, OPM delivered to more than 2 million federal workers a “choice” to resign and be put on administrative leave, which plaintiffs in the case contend is unlawful and filled with misleading promises regarding unfunded severance. The amicus brief addresses an implied statutory waiver doctrine wielded to keep federal claims out of federal court and argues that Congress never intended to foreclose the “command” of judicial review of Administrative Procedure Act claims. Dep’t of Commerce v. New York, 588 U.S. 752, 772 (2019).
Altshuler Berzon LLP is proud to join in the effort to resist the unconstitutional and unlawful dismantling of the federal government, to the harm of federal employees and their families, and all those in the public and private sectors who rely every day on the government to provide important and essential services to our country.
While the court in AFGE v. Ezell summarily rejected all amicus briefs, Altshuler Berzon LLP’s amicus brief on behalf of SDDF and 22 former officials and scholars provides an important perspective on the availability of legal review and can be found here.