Appeal Seeming Likely

Although not definite, it appears that DoD will challenge the judge’s ruling in federal appeals court. In a similar situation last fall, the Department of Homeland Security tried to narrow a similar injunction against its personnel rule changes but the judge handling that case refused, and DHS later appealed. DoD could make a similar move to narrow the ruling, although the judge in its case said the Pentagon would have to overcome the legal precedent set in the DHS case in that area. Assuming DoD appeals, a decision by the appeals court could be many months away, even under expedited procedures. As happened in the DHS case, unions meanwhile could cross-appeal some of the judge’s holdings adverse to them. All DoD employees—including those in the first groups to come under NSPS–will remain under current labor relations and appeals procedures for the meantime.