The law is unclear on whether President Donald Trump can conduct more mass firings of federal workers during a government shutdown, an expert said.
Over 100,000 federal workers were expected to resign on Tuesday due to Congress’s failure to reach a deal — causing a government shutdown. Federal agencies were told to prepare for reduction-in-force plans, anticipating mass firings during a shutdown, according to the Office of Management and Budget (OMB).
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“A reduction of force like the one that I think the White House is envisioning is something that we’ve never really done,” said Partner in Government Affairs and Regulatory Law Group at Ice Miller, Jarrod Loadholt.
Some unions, including the American Federation of Government Employees ( ), are using the Antideficiency Act as a way to file lawsuits against the Trump Administration for any potential mass firings of federal workers.
“Where this falls is an open question, but I think the law itself really didn’t envision,” said Loadholt. “When you look at how White Houses approach shutdowns, there’s some creative lawyering. That tends to happen about what they can do to justify the steps they want to take.”
The guides federal agencies on restrictions around federal workers during a government shutdown — such as paying salaries, according to the Government Accountability Office.
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“The law is not exactly clear on what you can do when there is a funding lapse, in terms of whether or not you can do a R.I.P. furlough, so that’s what makes this shutdown very different,” said Loadholt.
Federal courts will be funded until Oct. 17, but Loadholt said he does not expect many cuts there.
“I don’t think you’ll see the same kinds of potential cuts through the federal judiciary that you’re going to see in certain agencies like housing, urban development or the Department of Education,” said Loadholt. “The President’s comments on Truth Social yesterday, ‘democratic agencies’ were the ones that will be targeted.”