As multiple cases regarding Trump administration actions wend their way through the courts, we're seeing a seemingly mixed bag of results — though it is important to note that most rulings issued thus far are preliminary. Whether pertaining to funding or personnel decisions, numerous individuals and employee organizations have sought relief from federal district courts in the form of temporary restraining orders (TROs) and preliminary injunctions. 

In early and mid-February, we brought you coverage of a case filed by the American Foreign Service Association and the American Federation of Government Employees challenging the Trump administration's move to place several thousand agency employees on administrative leave. After back-and-forth legal wrangling over that matter, U.S. District Court Judge Carl Nichols declined to enter a preliminary injunction. 

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In a similar case, also pending before Judge Nichols, the court declined on Thursday to issue a TRO sought by U.S. Agency for International Development (USAID) contractors to forestall termination of their employment. 

Judge Nichols has *denied* USAID contractors an emergency restraining order blocking the mass termination of their contracts, saying they haven't shown the type of "irreparable" harm that warrants relief.

It's essentially a contract dispute, he said in court this AM.

— Kyle Cheney (@kyledcheney) March 6, 2025

This suit was brought by the Personal Services Contractor Association, an organization that bills itself thusly on its website:

The Personal Services Contractor Association strives to advocate for and provide support to the hundreds of U.S. Personal Services Contractors (USPSCs) that work tirelessly to deliver humanitarian assistance and advance sustainable development worldwide on behalf of USAID.

In its complaint, which named as Defendants President Donald Trump, the State Department, USAID, Secretary of State Marco Rubio, the Office of Management and Budget (OMB), its Director, Russ Vought, and Pete Marocco, an acting deputy administrator at USAID, the PSCA sought to enjoin the administration from: 

• (a) Suspending foreign aid assistance, including under Executive Order 14169 (Jan. 20, 2025) (“the Foreign Assistance EO”);
• (b) Enforcing or otherwise giving effect to Sections 1, 5, 7, 8, and 9 of the Secretary of State’s January 24, 2025 communique to all diplomatic and consular posts (the “ALDAC”), 25 STATE 6828;
• (c) Taking any other steps to dismantle USAID, cripple its operations, or transfer its functions to the State Department without Congressional authorization.

The PSCA moved for a TRO, and the administration opposed it. The court held a hearing on the matter Wednesday, with a follow-up hearing Thursday morning, and now, Judge Nichols has ruled. 

A federal judge on Thursday declined to immediately spare U.S. Agency for International Development (USAID) contractors from mass firings, letting move forward a core part of the Trump administration’s effort to dismantle the agency.

U.S. District Judge Carl Nichols said USAID’s personal services contractors failed to prove they face irreparable harm and a likelihood of success on the merits, denying their motion for a temporary restraining order that would have returned fired contractors to employment and allowed them to resume work.

The judge said any harm the contractors face is “directly traceable” to changes the government has made to their contracts, suggesting relief should be sought through a different avenue.

The minute entry regarding Nichols' order states:

Telephonic Motion Hearing held on 3/6/2025. Oral ruling DENYING Plaintiff's 6 MOTION for Temporary Restraining Order, for the reasons stated on the record.

As noted above, plaintiffs' claims essentially amount to a contract dispute, and, as our pal Bill Shipley rightly notes, the relief sought by the plaintiffs can only be sought in the Federal Court of Claims. 

"And contract claims can only be brought in the Federal Court of Claims, not a federal district court, as is provided for in a statute passed by Congress."

Finished it for you. https://t.co/HknQ2QYHVB

— Shipwreckedcrew (@shipwreckedcrew) March 6, 2025

Whether and to what extent the PSCA will continue to pursue an injunction in the case remains to be seen. We'll continue to follow along and report on any significant developments, of course. 

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