Democratic lawmakers from Maryland and Virginia have threatened legal action against the administration over its plans for layoffs and potential unpaid furloughs affecting government employees. This appears to be part of an effort by the White House to urge Senate Democrats to vote for reopening the government, although no formal moves were made until recently.
In a memo distributed by the Office of Management and Budget (OMB) late last month, it was indicated that during the ongoing government shutdown, there would be reductions in force (RIF) beyond regular furloughs. Just a week ago, OMB Director Russ Vought stated that “RIF has begun” as the shutdown reached its tenth day.
Fast forward to the 14th day, and despite the layoffs, Senate Democrats representing areas with large populations of federal workers have remained steadfast in their positions. Senator Chris Van Hollen (D-Md.) emphatically remarked, “If you hear that federal workers will be laid off due to the government shutdown, don’t buy it. It’s a blatant lie, and it’s illegal. We will be seeing this in court.”
There has been a pushback against the idea that furloughed federal workers won’t receive back pay, especially considering that the Congressional Budget Office (CBO) estimates that around 750,000 non-essential federal employees could be furloughed, potentially costing them $400 million daily in back pay. This move contradicts a law signed by President Trump in 2019 that mandates back pay for furloughed workers during future shutdowns.
Senator Mark Warner (D-Va.) questioned the administration’s understanding of this requirement, indicating that “cherry-picking” facts about federal pay seems to signal a forgetfulness on their part.
Despite threats of court action from lawmakers, little progress has been made towards resolving the shutdown. The Senate is set to vote on a continuing resolution again, although previous attempts have been met with rejection. Both sides are firmly entrenched in their positions.
Senate Minority Leader Chuck Schumer is advocating for a solid agreement on expiring Obamacare subsidies before open enrollment starts on November 1. However, Senate Republicans have stated that they’ll only negotiate once the government reopens.
Interestingly, the administration’s tactics seem to have only strengthened the resolve of Senate Democrats. Van Hollen concluded, “The message is straightforward: Donald Trump and Russ Vought, cease your attacks on federal employees, reopen the government, and engage in urgent negotiations to tackle the health crisis that the nation faces.”
