News comes today that Russ Vought is now threatening not to pay back pay to federal employees after this shutdown ends. There’s both more and less here than meets the eye. The step Vought has taken is to remove references to back pay from OMB guidance about the shutdown. The backpay rule is not based on OMB guidance. It’s federal law. And even better than that it’s a federal law Trump signed.
Yes, yes, I know: federal law isn’t a big constraint on Trump White House planning. Make of that one what you will. But I want to zoom in on something else. The big, big threat coming from Vought was that the Trump administration would use the opportunity of the shutdown to institute large scale firings of federal employees on the unsupported theory that the shutdown opened up more powers to fire federal employees. That’s not true. But that doesn’t matter. Because the Court has already given Trump power to fire as many federal employees as he wants, federal law notwithstanding.
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