, 9 tweets, 4 min read Read on Twitter
1. It's likely that the current shutdown is illegal.

There is a fundamental misunderstanding of the law in these situations.

Most of the reporting gets it wrong.

Let's review.

2. The standard line is that the Antideficiency Act (ADA) allows the government to force essential employees to work without pay.


In general the ADA prohibits the government from spending money not appropriated by Congress.

3. The ADA also prohibits the government, in most cases, from accepting volunteer services from government workers.

The exception to this rule is "emergencies involving the safety of human life or the protection of property."

4. But there is NOTHING in the ADA that explicitly allows the federal government to force people to work without pay. That's something that presidents have assumed, but it's not in the law.

5. Meanwhile, there is another law - the Fair Labor Standards Act - that says everyone who works needs to be paid a minimum wage

Forcing people to work and not paying them is a clear violation of the language of the FLSA

6. It's the FLSA violations that are at the heart of the numerous lawsuits that have been filed against the Trump Administration.

But this isn't a case of first impression.

Workers in the 2013 shutdown sued the federal government AND THEY WON

7. The issue here is that workers are trying to get an injunction forcing the government to pay them. That's different than trying to get damages after the fact. And so far, the courts have been very hesitant to intervene.

8. This hesitancy by the court is less about the letter of the law and more about the reticence of judges to get involved in "politics."

But judges are involved. They are validating a legal structure that allows the shutdown to continue indefinitely

9. One option is that the House of Representatives could try to sue the Trump administration. This is now an option thanks to Boehner's decision to sue Obama over Obamacare.

Stay tuned.

For more, subscribe to my newsletter at popular.info
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Judd Legum
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!