Judicial Review
Comments
MAJORITY OPINION.—First and foremost, this act does not follow the common amendment framework. The title should have been the "Employment (Amendment 12) Act 2026", i.e. removing the first instance of "Act" following "Employment".
This act also creates conflict within statute law:
(1) Part 6, Section 1(4) of the Employment Act 2025, under which this act seeks to add a clause, states that before someone may transfer into the Judicial, Secret Service and Legislative branches, "They have notified all of the GS-15 to CS-4 members of their current branch, or the EOP (CS-5 or higher) in the case of an Executive Branch member". Part 1, Section 1(1)(1) of the Employment Act (Amendment 12) Act 2026 states "If the user is a member of Judicial, Secret Service, or Congressional Branch Leadership, as defined as GS-12+, permission must be given by their Branch Leader (CS-4)". This does not make any sense, because P6, S1(4) does not mention anything about permission.
(2) It might be the case that the bill author meant to reference Part 6, Section 1(3) of the Employment Act 2025, which states that before someone may transfer into the Judicial, Secret Service and Legislative branches, "They have been approved by a Senior Leadership (GS-15 or higher) member in the branch they are joining". This, however, applies to permission given by senior leadership of the employee's NEW branch. Part 1, Section 1(1)(1) of the Employment Act (Amendment 12) Act 2026, which states "If the user is a member of Judicial, Secret Service, or Congressional Branch Leadership, as defined as GS-12+, permission must be given by their Branch Leader (CS-4)", which refers to the employee's OLD branch.
The summary of the Employment Act (Amendment 12) Act 2026 states that "This bill aims to clarify confusion in the Employment Act about Branch Transfers involving Branch leadership members". But there is no such confusion. Part 1, Section 6 of the Employment Act 2025 states that "Any employee can transfer into the Legislature, the Judiciary, and the Secret Service if;". The term "any employee" encompasses branch leadership, and there is thus no need to "clarify" any "confusion". If anything, this piece of legislation would make things more confusing.
WHEREFORE.—The Employment Act (Amendment 12) Act 2026 is hereby declared UNCONSTITUTIONAL, and thus shall not take effect.
SO ORDERED.—Associate Justice .Martin delivered the opinion, in which Inconclusive-, Kelpti, Brokyy_