First Circuit unanimously denies VA emergency stay, keeping AFGE union contract for 320,000 workers intact

On May 18, 2026, a unanimous three-judge panel at the U.S. Court of Appeals for the First Circuit denied the VA an emergency stay, keeping a collective bargaining agreement in place for 320,000 VA employees while litigation continues. The ruling upheld District Judge Melissa DuBose's March 13, 2026, preliminary injunction, which found the VA likely violated the First Amendment and APA when it terminated the AFGE contract. Applying the four-factor Nken v. Holder (2009) standard, the panel found the VA fell far short on all four factors. The underlying appeal remains pending.