DAY 25: Congressional Democrats Speak on Capitol Hill During Government Shutdown

A federal judge on Tuesday ruled that government employees who have been deemed essential can't refuse to work without pay during the partial shutdown.

U.S. District Judge Richard Leon denied a temporary restraining order that would have either forced the government pay workers or allow them the option to refuse to work while not receiving pay. Leon ruled that such an order would incite “chaos” and was against the public interest since it’s unclear how many workers would choose to still go to work without pay. He also said it could put the safety of the public in jeopardy.

The ruling comes after the judge consolidated three cases making similar claims on the grounds that the government was violating the Constitution in forcing employees to work without pay. The three lawsuits come from the National Treasury Employees Union, National Air Traffic Controllers Association, and a group of five federal workers.

The plaintiffs in the case argued that being forced to work without pay is against the 13th Amendment, which abolished slavery. They also asked that the judge prevent them from being retaliated against for not showing up to work and asked them to allow workers the ability to find other means of income while they are not being paid.

The National Treasury Employees Union also argued that by promising workers backpay, the Trump administration was violating the Appropriations Clause since they’re promising to spend funds that haven’t been appropriated.

The judge sympathized with the plaintiffs, but ultimately said he had to weigh the interests of the public as well as federal workers. He added that the judiciary branch is dealing with its own hardships as a result of the shutdown but said he did not want the courts to be a factor in the ongoing debate about funding the government. #ShutdownShowdown