U.S. Circuit Judge Nicole Berner, serving on the Richmond-based 4th U.S. Circuit Court of Appeals, wrote the majority decision in a 2-1 ruling that blocked the Trump administration from immediately firing 19 intelligence officers who were reassigned for their involvement with Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives.
The Supreme Court already found that President Trump can fire staff in his agencies.
The Washington Times reported that the high court issued two rulings last month on presidential firing powers.
In one, they found that the president has absolute power to dismiss employees he believes stand in the way of his policy goals.
In the other, though, the court said the president was constrained in his ability to dismiss a member of the Federal Reserve Board for good cause. The administration must allow an employee in that situation to challenge the dismissal.
The intelligence community case arose after President Trump, upon retaking office last year, ordered his administration to weed out DEI policies and personnel from the federal bureaucracy.
Mr. Trump, in an executive order, called DEI “illegal and immoral.”
Radical Judge Blocks the Firing of Marxist DEIs
The 19 intelligence community employees were first put on leave, then told they would be part of a reduction-in-force that eliminated their positions.
One judge, Paul Niemeyer, dissented. He was appointed by George H.W. Bush, who argued the law gives intelligence agency directors unfettered discretion over exactly this kind of personnel call — a national security judgment, not a paperwork technicality.
The far-left constantly makes end runs around Supreme Court rulings.
Berner is another openly LGBT activist Biden judge. She has served as an SEIU attorney. The SEIU is a communist union.
Chuck Schumer, a communist sympathizer, is as undemocratic as one can get. He is the person who helped fill up the courts with far-left progressives. Progressives will win by any means necessary.
Chuck Schumer admits the quiet part out loud— Democrat-appointed judges are really activists who are there to stop Trump:
“We did put 235 judges, progressive judges, judges not under the control of Trump, last year on the bench, and they are ruling against Trump time after time… pic.twitter.com/REQCJMObZ8
— Ultra MagaBA🇺🇸 (@Brookltnwilliw) March 20, 2025
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