"In court on Tuesday, an attorney representing the Trump administration pushed back, asserting that the executive branch can conduct RIFs before, during or after a lapse in Congressional appropriations to achieve the president's policy priorities and that it's good policy to do so. "If you don't have money coming in, you should be looking for ways to cut costs," argued Michael Velchik, an attorney with the Justice Department."
"The plaintiffs' attorney, Danielle Leonard, countered that a lapse in appropriations is not the same thing as an elimination of statutory authority, and that the government cannot simply tell agencies they no longer need to comply with Congressional mandates. She further argued that the government had violated federal law by ordering employees to work on RIFs during the shutdown."
"In the days since Illston first issued her temporary restraining order, the two sides have haggled over its scope. The Trump administration initially determined it did not apply to most of the roughly 4,000 federal employees who have received layoff notices since the government shutdown began on Oct. 1, including those working for the Treasury Department and the Centers for Disease Control and Prevention. Illston later modified the order, including by broadening it to cover six additional unions."
U.S. District Judge Susan Illston indefinitely halted mass RIFs of federal employees during the government shutdown after previously issuing a temporary restraining order. The lawsuit was brought by federal employee unions, including the American Federation of Government Employees, representing members and bargaining units. Justice Department attorney Michael Velchik argued the executive branch can conduct RIFs any time to pursue presidential policy priorities and to reduce costs during lapses in appropriations. Plaintiffs' attorney Danielle Leonard argued a lapse in appropriations does not eliminate statutory authority and that ordering employees to work on RIFs violated federal law. Illston indicated unions are likely to prove the administration's actions unlawful and scheduled another hearing to consider specific RIFs.
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