Court Dismisses Union’s Lawsuit Over Federal Employees’ Right to Talk ‘Impeachment’ and 'Resistance'https://www.govexec.com/management/2020/08/court-dismisses-unions-lawsuit-over-right-talk-impeachment-and-resistance/167483/Earlier this week, a district court dismissed a federal employee union's lawsuit that claimed the Office of Special Counsel’s guidance on using the terms “impeachment†and “resist†at work violated free speech protections and was a misinterpretation of the Hatch Act.
Last August, the American Federation of Government Employees filed a complaint in the U.S. District Court for the District of Maryland arguing that OSC does not have the authority to determine what is and isn’t a violation of the Hatch Act, which limits federal employees' political activity while on the job. The union asked the court to seek an injunction against enforcement of OSC’s 2018 guidance. After almost a year, the court found on Monday it doesn’t have the jurisdiction to rule on the plaintiffs’ claims because they are not “ripe for judicial review.†This means they haven’t developed into a current, significant controversy that would call for judicial action.
“I am pleased the court dismissed this lawsuit,†said Special Counsel Henry Kerner, in a statement on Wednesday. “For the Hatch Act to serve the purpose of protecting the civil service system, it is incumbent on OSC’s career Hatch Act attorneys to provide timely and relevant information to federal employees about how they can stay in compliance with the law. By dismissing this lawsuit, the court preserves OSC’s important advisory role.â€
If I understand this decision correctly, it is that there is no disputed action
yet that could be considered a cause of action in a lawsuit. The ruling is not a decision on the merits of the OSC's guidance.
