Merit, Not Trauma, Should Drive The Civil Service

4th Cir.: Civil Service Reform Act May Have "Been So Undermined" That District Courts Should Take Over Federal Employee Lawsuits

An excerpt from today's long Fourth Circuit decision in Nat'l Ass'n of Immig. Judges v. Owen (Judge Nicole Berner, joined by Judges Pamela Harris and Toby Heytens): The National Association of Immigration Judges brought this [First Amendment] challenge to an employee policy that requires immigration judges to obtain permission before speaking publicly on issues relating to immigration…. The district court dismissed the case …, concluding that th…

Merit, Not Trauma, Should Drive The Civil Service

Donald Trump on May 28, 2025. (Photo by Andrew Harnik/Getty Images.)This article is part of an ongoing project by American Purpose at Persuasion on “The ‘Deep State’ and Its Discontents.” The series aims to analyze the modern administrative state and critique the political right’s radical attempts to dismantle it.To receive future installments into your inbox—plus more great pieces by American Purpose and Francis Fukuyama’s blog—simply click on …