The Challenger’s Counterpunch: Concrete Injury and Alleged Overreach
In their April 3 reply, the coalition of nonprofits and unions fired back with claims that their members face “concrete injury” as a direct result of what they described as OPM’s illegal mandate to fire employees using flawed performance metrics.
They argued that Judge Alsup’s ruling was grounded in compelling evidence and merited deference—not judicial dismissal. The real villain, they contended, was an executive agency operating outside the law, ordering mass dismissals under false pretenses.
Legal Titans Face Off
The Trump administration is represented by Sarah M. Harris of the U.S. Solicitor General’s Office, an experienced litigator at the intersection of constitutional law and executive power.
The opposing legal team is a coalition of heavyweights: Altshuler Berzon LLP’s Stacey M. Leyton, Eileen B. Goldsmith, Danielle E. Leonard, Robin S. Tholin, and James Baltzer; Norman L. Eisen and Pooja Chaudhuri of the State Democracy Defenders Fund; and attorneys from both the American Federation of State, County and Municipal Employees and the American Federation of Government Employees. The state of Washington, another party to the challenge, is represented by Tera M. Heintz and team from the Attorney General’s Office.
