Democrats Threaten Legal Action Over Federal Layoffs Amid Government Shutdown

On Tuesday, Congressional Democrats from Maryland and Virginia announced plans to potentially sue over the administration’s layoff strategy and their threats regarding unpaid furloughed workers. This move comes as the administration employed these situations as leverage to encourage Senate Democrats to vote in favor of reopening the government, although meaningful actions weren’t taken until late last week.

Towards the end of last month, the Office of Management and Budget (OMB) circulated a memo indicating that the government shutdown would lead to layoffs beyond standard furloughs. The OMB Director Russ Vought revealed on the tenth day of the shutdown that “RIF has begun” at a certain agency.

Fast-forward to day 14 of the shutdown, and Senate Democrats in those states—home to a significant number of federal employees—are still holding firm in their stance, even in the wake of layoffs. “If you’re told that federal workers will be laid off because of the shutdown, don’t believe it for a second,” stated Senator Chris Van Hollen from Maryland. He emphatically called it a “big lie” and mentioned its legality is questionable, hinting at imminent court actions.

Furthermore, lawmakers criticized the idea that furloughed workers would not receive back pay. According to the Congressional Budget Office (CBO), approximately 750,000 non-essential federal workers could be furloughed, which might cost them around $400 million daily in back pay. This situation contradicts a law signed by President Trump in 2019 mandating that furloughed workers must receive back pay following a shutdown.

Senator Mark Warner from Virginia commented on this inconsistency, suggesting that it might indicate a lack of understanding or memory from the administration about previous obligations to federal employees.

While lawmakers have threatened legal action, Rob Shriver—previously the acting director of the Office of Personnel Management—mentioned that a lawsuit has been initiated. “As soon as Russ Vought tweeted on Friday, we were back in court filing an emergency motion to halt the RIF,” Shriver explained, adding that a hearing was scheduled for the following day and expressing determination to continue battling against these layoffs.

Despite the administration’s firm stance, negotiations to end the shutdown seem stagnant. The Senate is set for another vote regarding the House Republicans’ continuing resolution, which has been rejected seven times, leaving both sides firmly entrenched in their positions.

Senate Democrats, led by Chuck Schumer from New York, are pushing for an agreement on extending expiring Obamacare subsidies before the upcoming enrollment period starts on November 1. However, Senate Republicans have stated they will only engage in discussions post-reopening of the government.

The actions and rhetoric from the Trump administration appear to further solidify Democrats’ determination on the matter. “The message we want to convey today is very simple,” Van Hollen emphasized. “Donald Trump and Russ Vought, stop attacking federal employees. Restart the federal government, and start negotiating to tackle the pressing health crisis.”