Partial gov shutdown of Fed LE agencies lawsuit question

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M-Quigley
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Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Partial gov shutdown of Fed LE agencies lawsuit question

Post by M-Quigley »

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So far it seems everytime the Trump administration is sued by someone, some judge initlally sides with whoever is filing the suit. I'm expecting the same thing here. The question I have is what is the supposed recourse should the federal employees union win? And why isn't Congress being sued as well? Constitutionally you can't make either of the two branches of government agree on a budget. Plus whatever the new House passes has to be voted on by the Senate and the majority leader has said he's not allow a vote on anything the President doesn't approve of (why waste the Senate's time) If some judge says federal employees can't be required to work without pay, what is the recourse for the employees? Just go home? They still won't be paid. While the anti gunners might love that NICS might be down so would the enforcement branch of the ATF if why just went home. Also, this isn't the first or longest federal shutdown either, so why is this tactic being done now?
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djthomas
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Joined: Sun Jan 22, 2006 11:09 am

Re: Partial gov shutdown of Fed LE agencies lawsuit question

Post by djthomas »

When you look at all the "funding" lawsuits where Trump has tried to cut off federal funds for local governments that have policies he dislikes he has generally lost because Congress has appropriated the funds and the president can't withhold what Congress has allocated when the local government meets all statutory qualifications for the grant. It's a rather precise legal argument but it does cut both ways.

It's for these same reasons that I can't see the current lawsuits being successful on the money point. The president cannot spend money that Congress has not allocated, and the courts can't force Congress to spend on anything. Those are very clearly delineated constitutional boundaries.

To your point I could see a court saying no, you cannot force them to work without pay, thus they get to stay home.

The other problem is it takes months for even expedited court cases to be resolve. The shutdown will be over and workers will receive back pay (via Congressional authorization) and the suit will immediately be rendered moot.

And by the way, the shut down of NICS is an excellent reason to maintain an Ohio CHL issued after March 2015!
Brian D.
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Location: SW Ohio

Re: Partial gov shutdown of Fed LE agencies lawsuit question

Post by Brian D. »

djthomas wrote:And by the way, the shut down of NICS is an excellent reason to maintain an Ohio CHL issued after March 2015!
I'd forgotten that eventuality. Good reminder, thanks. Might make gun shops a little more willing to haggle when their customer base temporarily dwindles.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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