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A split three-judge panel in the nation’s capital sided with government lawyers in a lawsuit filed by unions representing federal employees. The majority ruled on technical grounds, finding that the unions don’t have the legal right to sue because the Trump administration has said it won’t end any collective bargaining agreements while the case is being litigated.

Judge Karen Henderson, appointed by Republican President George H.W. Bush, and Justin Walker, appointed by Trump, sided with the government, while Judge Michelle Childs, appointed by Democratic President Joe Biden, dissented.

The government says Trump needs the so his administration can cut the federal workforce to ensure strong national security. The law requiring collective bargaining creates exemptions for work related to national security, as in agencies like the FBI.

Union leaders argue the order is designed to facilitate mass firings and exact “political vengeance” against opposed to Trump’s efforts to dramatically downsize the federal government.

His order seeks to expand that exemption to exclude more workers than any other president has before. That’s according to the National Treasury Employees Union, which is suing to block the order.

The administration has filed in a Kentucky court to terminate the collective bargaining agreement for the Internal Revenue Service, where many workers are represented by the National Treasury Employees Union. They say their IRS members aren’t doing national security work.

Other union employees affected by the order include the Health and Human Services Department, the Energy Department, the Environmental Protection Agency and the Federal Communications Commission.

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This story has been corrected to fix “international” to “internal” in penultimate paragraph.