Potential Shutdown Could Reshape Government, Separation of Powers
A potential government shutdown could have significant implications for federal employees and programs. The Office of Management and Budget (OMB) has the power to define 'excepted' employees and programs, which would continue to operate during a shutdown. However, a brief shutdown could also lead to permanent job losses and program eliminations, marking a shift in the separation of powers.
OMB Director Shalanda Young, who prepared Reduction In Force (RIF) plans for employees without independent funding and whose work did not align with the President's priorities, has the authority to make such decisions. During a shutdown, only 'excepted' parts of the government can continue to function, while other employees go on unpaid furlough and cannot use government-issued devices or accounts. Upon returning, furloughed employees would receive back pay, but those RIFed would not.
This situation could lead to a legal backdoor impoundment, allowing the administration to kill programs unilaterally. This was demonstrated when OMB Director Russell Vought instructed agencies to prepare RIFs for employees not consistent with the President's priorities. The Antideficiency Act prevents spending on anything else during a shutdown, giving the administration power to permanently fire employees and eliminate programs.
A government shutdown could result in a dramatic shift in the separation of powers, with the administration controlling the purse. This could lead to Reduction In Force for employees not funded separately, even in 'excepted' programs, highlighting the importance of the ongoing budget negotiations.
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