Federal Courts keep ruling... thank you Senator Shcumer for preventing the government shutdown

[question everything]

which would have included federal courts.

https://www.democraticunderground.com/100220193369

And other cases.


https://www.democraticunderground.com/1016398985

https://www.democraticunderground.com/100220115619

https://www.democraticunderground.com/100220124672

https://www.democraticunderground.com/100220125885

https://www.democraticunderground.com/100220131051

[tritsofme]

1. Meh, the performative anger at Schumer seems to be mostly done, he's back to doing actual work.

[Ms. Toad]

2. All of those cases would almost certainly still have been issued.

Federal courts have an operating reserve, so they can continue to operate for 2-3 weeks after a government shut-down. In other words, even if the government had shut down on the 14th, the courts would just now be nearing the point at which they had to shut down.

So no thanks to Schumer for giving in without a responsible deal in exchange - especially for failing to get the provisions removed which forfeited legislative power to the executive branch.

[question everything]

3. And after the "2-3 weeks?" They were going to keep the government shutdown for as long as they wanted

[Ms. Toad]

9. Umm Hmm.

A shut down would impact Red areas just as much as blue areas. It would not have lasted much longer than that.

And my point is that you are thanking Schumer for something that would have happened even if the government shut down. It is factually incorrect that the decisions would not have issued had the government shut down.

Schumer should not have agreed to the continuing resolution without getting something return.

[Scrivener7]

4. I believe the anti deficiency act would have allowed the courts to continue to operate after the 2-3 week period.

[tritsofme]

5. Doesn't the Antideficiency Act exist to prohibit the spending of funds outside of what was appropriated by Congress?

[Scrivener7]

6. It provides for the continuation of the court's essential work related to the safety of

human life and protection of property.

[tritsofme]

8. That doesn't necessarily mean the courts would have been able to hear challenges to Trump's actions

And still, no one would be paid.

The functioning of the courts would become severely impaired during a long term government shutdown, which is what we would have been facing down.

[yowzayowzayowza]

12. If the government is shut down, what makes you think...

Comrade Bonespurs is going to respect the Antideficiency Act?

[tritsofme]

15. I'm not sure how that makes sense in this context.

It is the Antideficiency Act that causes the government to shutdown when funding lapses.

Trump/Musk would have loved to have the government shutdown so they could further dismantle it.

[yowzayowzayowza]

17. Dismantle the courts too based on whatever...

fabricated reasoning that suits their ends.

[Ms. Toad]

11. You are probably correct -

that after the reserve runs out, Article III courts would continue to operate as mission critical.

[Scrivener7]

13. Yes. Though I'm thinking it's not worth the effort to try to convince some here of that.

[Ms. Toad]

14. Yup.

Not to mention that shutdowns don't typically last for longer than the operating reserve federal courts have. One under Clinton was 21 days, and the last one under Trump was 35 days. People are already angry enough (including Republican congress critters - a few of whom are waking up) that I don't think this one would have lasted very long.

[yowzayowzayowza]

10. Indeed. Histrionics is not an effective governing philosophy. n/t

[Cha]

16. That's the way I see it, too... Mahalo!

[drmeow]

18. It was a lose/lose scenario for the Dems

Keep the government open and make Trump happy/Shut down the government and make Musk happy.

[LetMyPeopleVote]

20. If the Federal Government was shutdown, musk/trump would have been free to shut down everything