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“Federal employees have the right to speak out on matters of public concern in their personal capacities, even when they do so in dissent,” said one of the lawyers representing the fired workers.
Six former employees of the US Environmental Protection Agency filed a First Amendment challenge in court on Wednesday to their firing earlier this year for criticizing the Trump administration's environmental policies.
The employees were among 160 who were fired shortly after signing a "declaration of dissent" in June against EPA Administrator Lee Zeldin, whom they said was “recklessly undermining” the agency’s mission and “ignoring scientific consensus to benefit polluters.”
In their claim before the US Merit Systems Protection Board, which adjudicates appeals from fired federal workers, the six employees argued that they were illegally fired for exercising their First Amendment right to free speech and that those firings were carried out in retaliation for their political affiliation.
The fired workers also argued that they arbitrarily received harsher treatment than many other employees who signed the letter, who were suspended without pay for two weeks.
According to Public Employees for Environmental Responsibility (PEER), one of the groups defending the employees, many of them had lengthy, distinguished careers of federal service.
One of them, John Darling, was a senior research biologist who spent over two decades helping the EPA curb the damage to endangered aquatic species.
Another, Tom Luben, is an expert in environmental epidemiology who worked at the EPA for over 18 years investigating how air pollution can cause pregnancy complications, and had received 14 National Honor Awards for his contributions over the years.
A third, Missy Haniewicz, served for a decade and was working on hazardous waste cleanup projects at more than 20 sites across Utah at the time she was fired.
PEER provided an example of one of the termination notices the fired employees received. Both the names of the employee and the official who sent the notice were redacted, along with other identifying information.
The termination notice states that the individual was fired for "conduct unbecoming of a federal employee." Although the document notes the employee's "[years] of federal service, most recent distinguished performance rating, awards, and... lack of disciplinary history," it says all of that was outweighed by the “serious nature of your misconduct.”
"The agency is not required to tolerate actions from its employees that undermine the agency’s decisions, interfere with the agency’s operations and mission, and the efficient fulfillment of the agency’s responsibilities to the public," the notice adds. "As an EPA employee, you are required to maintain proper discipline and refrain from conduct that can adversely affect morale in the workplace, foster disharmony, and ultimately impede the efficiency of the agency."
The legal team defending the employee and their colleagues argues that this is untrue. They argue that these employees' terminations violate the Civil Service Reform Act of 1978, which says employees are "protected against arbitrary action, personal favoritism, or coercion for partisan political purposes." It also protects whistleblowers who publicize information they reasonably believe to be a violation of law, abuse of authority, or danger to public health and safety.
“Federal employees have the right to speak out on matters of public concern in their personal capacities, even when they do so in dissent,” says Joanna Citron Day, general counsel for PEER. “EPA is not only undermining the First Amendment’s free speech protections by trying to silence its own workforce, it is also placing US citizens in peril by removing experienced employees who are tasked with carrying out EPA’s critical mission.”
The second Trump administration has laid off approximately 300,000 federal civil servants over the past year, with some of them being carried out in apparent retaliation for dissent.
On Tuesday—after being briefly reinstated—14 employees at the Federal Emergency Management Agency (FEMA) were placed back on administrative leave for signing an open letter of dissent in August, warning that cuts to the agency were putting it at risk of similar failures to those after Hurricane Katrina in 2005.
And weeks after over a thousand anonymous Department of Health and Human Services employees called for the resignation of Secretary Robert F. Kennedy Jr. in September, accusing him of "placing the health of all Americans at risk," more than a thousand employees across the department were culled in what was dubbed a "Friday Night Massacre."
Eden Brown Gaines, whose law firm is also defending the employees, said, “If America is to remain on the course of democracy and honor the principles of its Constitution, we must allow its judicial system to restore employment for those unjustly fired and our collective faith in our country."
"Truth is not a fireable offense," PEER said in a statement.
A new study found that progressive economic populism can win back Rust Belt voters—inside the Democratic Party where necessary, outside it where possible.
Democrats know they have a problem with working-class voters but don’t agree on the cause. Commentators chalk Kamala Harris’ 2024 loss to high prices, an unusually short campaign cycle, or voter resentment against the possibility of having an African American woman as president. But the Democratic Party’s working-class woes have much deeper roots.
Many voters in key battleground states feel burned by decades of Democrats’ unrealized promises to improve the lives of working people, failure to reign in obscene economic inequality, and support for economically disastrous policies—from NAFTA to the entrance of China to the World Trade Organization—that led to the loss of countless jobs and futures in their states.
A new study from the Center for Working-Class Politics (CWCP), with the Labor Institute and Rutgers University, uses a 3,000-person YouGov survey in Michigan, Wisconsin, Ohio, and Pennsylvania to test whether economic populism—tapping into resentment and insecurity from decades of corporate excess and bipartisan neglect—can win back voters who’ve turned away from the Democratic Party.
Let’s start with the good news. Economic populism is popular among Rust Belt voters—particularly when it explicitly calls out corporate greed and mass layoffs. Strong economic populism—as opposed to “populist-lite” messaging that acknowledges there are few bad apples in the otherwise healthy barrel of large corporations—was particularly popular among many of the groups Democrats have struggled to reach: working-class voters, voters without a four-year college degree, voters whose incomes are less than $50k per year, and Latino voters.
If Democrats want to win, they’ll need to put delivering good jobs and holding corporations accountable at the center of everything they do and say.
But if economic populism is so popular, why did even the most stalwart Rust Belt economic populists—like former Ohio Sen. Sherrod Brown—struggle in 2024? The survey reveals that the Democratic Party label often drags the message underwater. When the very same populist message was delivered by a candidate labeled “Democrat” rather than “Independent,” support dropped by an average of 8.4 points—a gap that balloons into double digits in Michigan, Ohio, and Wisconsin. In Pennsylvania, by contrast, there’s no meaningful penalty. In races decided by a few points, that brand discount can prove decisive.
To identify the best path forward for economic populists, the survey next assessed Rust Belt voters’ top economic policy priorities. Across ideological lines, respondents prioritized policies framed around fairness, anti-corruption, and economic security. Proposals like capping prescription drug prices, stopping corporate price gouging, and reigning in political corruption were among the top priorities regardless of partisanship or class. Policies to raise taxes on the wealthy and expand access to good jobs also performed well.
A new proposal barring companies that take taxpayer money from laying off workers also polled surprisingly well—and held up under Republican attacks. The policy was popular even though respondents had never heard of it and it challenges corporations’ right to chase short-term profit at communities’ expense, putting it well outside the acceptable range of mainstream Democratic economic proposals. The policy directly channels Rust Belt communities’ resentment over decades of mass layoffs into a commonsense rule—“if you take from the public, you can’t harm the public”—while signaling a tougher, jobs-first stance than Democrats typically embrace.
Costly or abstract proposals—such as $1,000 monthly payments to all Americans or a trillion-dollar industrial policy for clean energy—as well as traditional conservative ideas like corporate tax cuts and deregulation ranked poorly overall, drawing only pockets of partisan support.
The survey results suggest two simultaneous paths to success for economic populists. In competitive districts where running as an Independent would do little beyond ensure Republican victory, a party hoping to win back the working class should rebuild the Democratic brand by running disciplined and bold economic populist campaigns around policies to reduce costs, create good jobs, and hold elites accountable. Candidates who show independence from donor-class priorities and build a track record as champions of working-class priorities can still make the “D” stand for something again.
In other contexts, however, economic populists should test independent campaigns—following the model of Nebraska’s 2024 Independent Senate candidate Dan Osborne. This should be strategic, targeting deep-red districts and states where running outside the Democratic Party won’t simply hand the race to Republicans, but there are many places where it could be viable. The study also finds majority support for creating an Independent Workers Political Association to back such efforts, with enthusiasm highest among non-college voters, young people, voters of color, and the economically insecure, and with meaningful support from Independents and Republicans as well.
In short, progressive economic populism can win back Rust Belt voters—inside the Democratic Party where necessary, outside it where possible. The most effective strategy is not mysterious: Speak plainly about who profits from layoffs and price gouging and focus obsessively on policies that put workers first. If Democrats want to win, they’ll need to put delivering good jobs and holding corporations accountable at the center of everything they do and say. The path to victory in 2026 and beyond lies in giving voters a reason to believe that Democrats (and independent economic populists) have their backs while Republicans continue to cut workers’ benefits and do nothing to bring back jobs and dignity to long-suffering Rust Belt communities.
"Republicans could end this Trump Shutdown today by passing a deal that averts the massive spike in healthcare costs," said a co-director of Indivisible. "They need to feel heat from their constituents."
Progressive activist groups and legislators have launched a new effort to pressure Congress to reach a deal to end the government shutdown that protects healthcare programs from brutal budget cuts.
The government officially shut down on Wednesday after Republicans refused Democrats' demands to reverse cuts to Medicaid and Affordable Care Act (ACA) spending from July's GOP megabill that, if allowed to go into effect, are expected to result in around 15 million Americans losing their health insurance coverage over the next decade.
On the first evening of the shutdown, over 18,000 people joined a conference call organized by a coalition of advocacy groups, including Public Citizen, MoveOn, Working Families Power, and Indivisible. Also in attendance were Rep. Greg Casar (D-Texas), the chair of the Congressional Progressive Caucus, and vice chair Rep. Maxwell Frost (D-Fla.).
"We know that we are already in a broken healthcare system in this nation," Frost told the thousands of attendees. "Not only do they not want to do anything to fix the problems we have, they are making it worse."
Video: MoveOn
"We want to reopen this shutdown government and restore healthcare back to the American people," Casar said. "But House Republicans are nowhere to be found. I'm here in Washington, DC, and those House Republicans fled on vacation."
The hosts urged attendees to call their Republican senators and make them aware of their responsibility for the shutdown and the loss of healthcare that millions of their constituents may soon face.
They also singled out certain Senate Democrats, such as Sen. John Fetterman (Pa.) and Catherine Cortez-Masto (Nev.), who voted to advance the GOP's continuing resolution despite the lack of benefits on healthcare, for "siding with [President] Donald Trump."
"We can do this," said movement organizer Ash-Lee Woodard Henderson. "We can put the pressure on that forces the Democratic Party to have a backbone and the Republicans to prioritize people over profit."
The groups have dozens of events planned over the coming days as part of what they have called the "Shutdown Showdown" campaign, including rallies and demonstrations outside the offices of Republican lawmakers.
“Trump and congressional Republicans control a federal government trifecta; they are responsible for ending the shutdown," said Ezra Levin, co-executive director of Indivisible. "We don’t know how long this shutdown is going to last."
He said Republicans "need to feel heat from their constituents to actually sit down and negotiate with the Democrats. That’s where we come in.”