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U.S. District Judge Jennifer Thurston ruled Friday that a federal court lacks jurisdiction to review the termination of Shannon “SJ” Joslin or order reinstatement.
nypost.comA federal judge ruled Friday that she has no authority to reinstate a Yosemite National Park ranger fired for unfurling a transgender pride flag at El Capitan last year. U.S. District Judge Jennifer Thurston wrote that under laws passed by Congress and legal precedent, the court cannot decide whether the termination was unconstitutional or illegal, nor block a hypothetical criminal case.
“The Court lacks jurisdiction to review Joslin’s termination or to offer any related relief, including a reinstatement,” she wrote. The decision does not address Shannon “SJ” Joslin’s claim that the firing selectively targeted protected speech. Joslin, who is nonbinary and goes by they/them pronouns, must bring claims before the Office of Special Counsel instead.
Thurston is an appointee of former President Biden who serves on the federal bench in Fresno, California. Last year, the National Park Service fired Joslin for flying a transgender pride flag on El Capitan on their day off. The granite formation, nicknamed “El Cap,” draws rock climbers from around the world.
Joslin’s suit stated they are the subject of a criminal probe. “Yes, I lost my job for this flag. But this wasn’t the first way that the Trump administration had been scaring us into silence as federal workers,” Joslin said in an interview with The Hill earlier this year.
The legal challenge occurred amid a broader effort by President Trump targeting diversity, equity and inclusion programs and what the administration has called “gender ideology” across government. Earlier this month, an appeals panel heard arguments on whether the National Park Service legally removed references to slavery at the Philadelphia site where George Washington lived as president.
Other lawsuits concerning federal grants and Trump’s separate diversity orders remain pending.
The Hill has reached out to the Civil Service Law Center, which represents Joslin, and the Interior Department for comment.
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