Tag Archives: Shutdown

Must All Federal Employees Work During a Future Shutdown?

by Sam Wice — Friday, Feb. 8, 2019@Wice_sam

To ensure that federal employees were promptly paid after the 35-day shutdown ended, Congress recently passed the Government Employee Fair Treatment Act of 2019. However, by passing the Act, Congress might have inadvertently required all federal employees to work during a future shutdown. The Antideficiency Act requires the government to shut down when Congress does […]

Snow Days and Why Too Many Employees Likely Worked During the Shutdown

by Sam Wice — Saturday, Feb. 2, 2019@Wice_sam

With the 35-day partial shutdown finally ending, federal employees are getting back to work. However, many employees in the Washington, DC area have missed some work this past week due to a snowstorm. As such, I thought now would be a good time to examine some of the government’s actions during the shutdown compared to […]

Shutdown Irregularities

by Bridget C.E. Dooling — Monday, Jan. 28, 2019@BridgetDooling

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]

The Shutdown’s Evolving Effects on Rulemaking

by Bridget C.E. Dooling — Thursday, Jan. 17, 2019@BridgetDooling

I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]

A Review of Shutdown Litigation

by Sam Wice — Sunday, Jan. 13, 2019@Wice_sam

With the partial federal shutdown reaching over three weeks, federal employees who work for shut down agencies are missing full paychecks. Additionally those essential employees who worked the Saturday after the shutdown began have not been paid for that day of work. Employees who cannot afford to miss paychecks may start to incur severe adverse […]

How Congress Can Prevent President Trump from Using His National Emergency Powers to Build the Wall

by Sam Wice — Monday, Jan. 7, 2019@Wice_sam

President Trump has threatened that if Congress does not appropriate money to build a wall along the border with Mexico, then he will build the wall through his national emergency powers. However, if Congress does not want President Trump to build the wall, he cannot build it. The Appropriations Clause states that “[n]o Money shall be drawn […]

Why Federal Employees Will Not Be Working for Free During the Shutdown

by Sam Wice — Monday, Dec. 24, 2018@Wice_sam

Even though 25% of the federal government is shut down, many federal employees are considered essential (i.e., their service is necessary for emergencies involving the safety of human life or the protection of property) and must work during the shutdown. Soon, you might hear about these employees having to work for free during the shutdown. However, […]

Why Some of President Trump’s Efforts to Mitigate the Shutdown Were Likely Illegal

by Sam Wice — Tuesday, Jan. 23, 2018@Wice_sam

With the government reopening soon, I thought now would be a good time to examine some of President Trump’s actions regarding the shutdown.  To mitigate the immediate impact of the shutdown, the Trump administration did not shut down agencies that still had unused funds.  However, this decision likely violated appropriations law. The Constitution specifies that “[n]o […]