Useful Info & Resource

Understanding the Legal Framework Governing a Shutdown

September 17, 2025 | By Sam Berger

The government funding deadline is fast approaching. With the Trump Administration’s continued efforts to impound and rescind funding, complicating Congress’s ability to reach an agreement on funding bills for the upcoming year, it is important to keep in mind the legal framework that governs a shutdown, and the limits a shutdown places on the executive branch.

This primer focuses on the activities that can (and cannot) legally continue during a shutdown; it does not address the impacts of a shutdown on government programs or the people who use them.

Critically, while the executive branch has some discretion as to what activities continue during a shutdown — and it is impossible to predict whether the Administration will take unlawful actions under the pretext of a shutdown[1] — a government shutdown does not provide the Administration any additional legal authority to fire federal employees, limit review of its actions by federal courts, or freeze funding once full-year appropriations are provided.

Activities That Can Continue During a Government Shutdown

Under the Antideficiency Act, agencies can neither spend, nor make commitments to spend, money without appropriations from Congress.[2]

Some activities continue during a shutdown because they are separately or already funded. For example, activities funded by multi-year or indefinite funding, such as disaster relief, continue, with payments made as normal. Likewise, if some appropriations bills have been enacted prior to a shutdown, activities funded by those enacted appropriations also continue (a scenario sometimes described as a “partial” government shutdown). The Administration has no legal authority to impound or freeze these funds.

Based on long-standing Department of Justice (DOJ) guidance, there are also a limited set of activities for which the federal government can make commitments to pay — though it still cannot make payments — during a shutdown[3]:

  • Activities expressly provided for in law to continue during a shutdown. Some laws expressly provide that certain activities can continue in the absence of appropriations, such as the Department of Defense’s “feed and forage” authority allowing it to obtain certain types of necessary supplies for military personnel.
  • Activities to protect against imminent threats to life or property. This includes activities related to law enforcement, national security, air traffic control, and federal prisons, among others.
  • Activities that are necessary to prevent significant damage to a funded program. For example, activities necessary to ensure Social Security payments (which themselves are funded under law) are made in a timely way can continue during a shutdown even if those activities themselves do not have funding.
  • Activities necessary to discharge the President’s constitutional duties. This includes, for example, the President’s Commander-in-Chief responsibilities.

Different administrations have interpreted these exceptions to apply more or less narrowly, meaning that the activities that continue during a shutdown have differed to some extent from administration to administration. The first Trump Administration took a more expansive view of the public services that should continue.[4] However, to date, a core set of services — such as defense, law enforcement, transportation safety, Social Security, and Medicare — have continued during every shutdown.

Executive Branch Restrictions During a Government Shutdown

While the executive branch has some latitude in what activities it continues during a government shutdown, there are clear limits on its actions.

If an activity is not funded, no actual payments can be made during a shutdown.

Even for activities that continue during a shutdown because they are subject to one of the exceptions described above, funding to pay for them cannot be provided without appropriations. The federal personnel required to work — including law enforcement, prison guards, and the staff that process Social Security benefits — only receive IOUs that will be paid when appropriations are enacted. Federal contractors required to work or provide services also go unpaid during the shutdown.

Under current law, when the shutdown ends all federal employees receive backpay for the time the government was shut down regardless of whether they were working on an activity that could continue during a shutdown or were forced to stop work until the shutdown ended. However, federal contractors do not receive pay for this time period except for any work they were required to perform during it.

Each branch of government determines which of its activities can legally continue during a shutdown.

Congress and the judiciary make their own independent determinations about what activities continue during a lapse. The executive branch is not involved in those determinations.

In prior shutdowns, the judiciary has had sufficient funding in the absence of new appropriations to continue normal operations for the duration of the shutdown. Courts have said in previous shutdowns that in the event they ran out of funding during a shutdown, they would continue to hear cases and otherwise fulfill their constitutional responsibilities.[5] Thus, litigants who are suing in federal court would be able to bring suits against the Administration during a shutdown.

When DOJ does not have funding during a shutdown, its lawyers may request extensions from courts for filing deadlines and other procedural steps. Individual courts have the discretion to determine whether to provide such extensions, and courts have both granted and denied such requests depending on the circumstances.

A shutdown would not provide the Administration with any additional legal authority to engage in widespread firing of federal employees.

A temporary lapse in funding does not provide grounds for an agency to fire employees. In addition, during a shutdown most agencies will not be able to legally conduct personnel actions unrelated to the shutdown itself because their HR departments will not be funded and these types of actions do not fall under any of the available exceptions.[6]

A shutdown would not impact the Administration’s legal obligations to spend money once full-year appropriations are provided.

While many activities would cease during a shutdown because of a lack of funding, the shutdown would not provide the Administration with any authority to impound or freeze funds once appropriations are provided.

While this primer focuses on the legal framework that governs during a shutdown, the Administration has shown itself willing to take actions that are inconsistent with the law, which presents major challenges for the country at all times, not just during a shutdown.

Topics:  Federal BudgetBudget Process

End Notes

[1] Sam Berger, “Trump is ignoring the law to keep the shutdown from causing him political pain,” The Washington Post, January 15, 2019, https://www.washingtonpost.com/outlook/2019/01/15/trump-is-ignoring-law-keep-shutdown-causing-him-political-pain/.

[2] Government Accountability Office, “Antideficiency Act,” https://www.gao.gov/legal/appropriations-law/resources.

[3] Walter Dellinger, “Government Operations in the Event of a Lapse in Appropriations,” Justice Department Office of Legal Counsel, August 16, 1995, https://www.justice.gov/sites/default/files/olc/opinions/attachments/2014/11/10/1995-08-16-lapse-in-appropriations.htm.

[4] Juliet Linderman, “Selective shutdown? Trump tries to blunt impact, takes heat,” Associated Press, January 13, 2019, https://apnews.com/article/66b50739f4b84063a2ff56dff3156712.

[5] United States Courts, “Judiciary Has Funds to Operate Through Jan. 31,” January 22, 2019, https://www.uscourts.gov/data-news/judiciary-news/2019/01/22/judiciary-has-funds-operate-through-jan-31

[6] Office of Personnel Management, “Guidance for Shutdown Furloughs,” January 2024, https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/guidance-for-shutdown-furloughs.pdf.

Political cartoons / memes / and news I wish to share. Bonus page 1 9-18-2025

Hello Everyone.  First two notes before I do the cartoons.  One I have not replied to comments in a week of so.  I was not up to it and busy.  But I should be able to start replying this after noon and tomorrow.   Don’t worry if I don’t reply right way.  I do love to hear what you all have to say and enjoy reading them.  

The other thing is a few people have said that some of the cartoons don’t display and that the link is broken.  Barry in New Zealand is an IT expert who has sent me an email on it.   I will post it after this for anyone that can use the method he describes.  These cartoons are all from the same site the one that Barry tells me is the one that the links are broken unless he uses a VPN.  Cagle.com, and that is sad because those are some of the best ones.   I have been posting them in the classic mode.   This batch of cartoons will only be from the Cagle site but I will do it on the block editor mode to see if that will solve the problem.  Plus I will be posting two versions of each one to see if that makes a difference.  I just realized that there may be a way to embed them that automatically does to the URL what Barry suggested after the first two.  One thing that would help is if the cartoons don’t display for you leave a comment and let me know the country you are in.   Thank you.  Best wishes for all and hugs for those that want them.  

Hi Scottie. Not sure of this helps, A large number of image links are broken and won’t show unless I use a US hosted VPN, as I have described before. But I have found another way, and that is to slightly modify the URL:
https://i0.wp.com/image.cagle.com/299916/830/becs_robert-f-kennedy-jrs-hobby-.png?ssl=1
is a broken link. Trying to open it directly results in the message “We cannot complete this request, remote data could not be fetched”, but truncating the URL to:
https://i0.wp.com/image.cagle.com/299916/830/becs_robert-f-kennedy-jrs-hobby-.png
and bingo! Just chopping off “?ssl=1” is all it takes to allow the image to display correctly. Likewise, changing:
https://i0.wp.com/image.cagle.com/299938/830/rick-mckee_avoiding-the-state-of-the-world.png?ssl=1
to
https://i0.wp.com/image.cagle.com/299938/830/rick-mckee_avoiding-the-state-of-the-world.png
allows that image to display. All the broken links are the same: All begin with “i0.wp.com/image.cagle.com” and end with “?ssl=1”

Now for the cartoons


 

 

 

Political cartoons / memes / and news I want to share. 9-18-2025 Bonus page 2

From the page one of the bonus I just scheduled.  I am trying to see if there is a way I can get the Cagle cartoons to display.  The other thing is a few people have said that some of the cartoons don’t display and that the link is broken.  Barry in New Zealand is an IT expert who has sent me an email on it.   I will post it after this for anyone that can use the method he describes.  These cartoons are all from the same site the one that Barry tells me is the one that the links are broken unless he uses a VPN.  Cagle.com, and that is sad because those are some of the best ones.   I have been posting them in the classic mode.   This batch of cartoons will only be from the Cagle site but I will do it on the block editor mode to see if that will solve the problem.  Plus I will be posting two versions of each one to see if that makes a difference.  I just realized that there may be a way to embed them that automatically does to the URL what Barry suggested after the first two.  One thing that would help is if the cartoons don’t display for you leave a comment and let me know the country you are in.   Thank you.  Best wishes for all and hugs for those that want them.  

Hi Scottie. Not sure of this helps, A large number of image links are broken and won’t show unless I use a US hosted VPN, as I have described before. But I have found another way, and that is to slightly modify the URL:
https://i0.wp.com/image.cagle.com/299916/830/becs_robert-f-kennedy-jrs-hobby-.png?ssl=1
is a broken link. Trying to open it directly results in the message “We cannot complete this request, remote data could not be fetched”, but truncating the URL to:
https://i0.wp.com/image.cagle.com/299916/830/becs_robert-f-kennedy-jrs-hobby-.png
and bingo! Just chopping off “?ssl=1” is all it takes to allow the image to display correctly. Likewise, changing:
https://i0.wp.com/image.cagle.com/299938/830/rick-mckee_avoiding-the-state-of-the-world.png?ssl=1
to
https://i0.wp.com/image.cagle.com/299938/830/rick-mckee_avoiding-the-state-of-the-world.png
allows that image to display. All the broken links are the same: All begin with “i0.wp.com/image.cagle.com” and end with “?ssl=1”

Now for the cartoons

 

 

 

 

 

 

 

 

 

 

Have A Little Giggle On POTUS

Political cartoons / memes / and news I want to share. 9-17-2025

Image from WIL WHEATON dot TUMBLR dot COM

 

Image from Liberals Are Cool

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#tyler robinson from Saywhat Politics

 

Image from No-Longer-Just-Another-Bondi-Blonde.

 

 

 

 

Image from Liberals Are Cool

Image from Liberals Are Cool

Image from Liberals Are Cool

 

Image from Liberals Are Cool

 

#mrs betty bowers from Republicans Are Domestic Terrorists

 

 

Image from Liberals Are Cool

#Jd vance from Pretty things

#charlie kirk from hopes & fears

 

 

 

Image from Liberals Are Cool

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Image from No-Longer-Just-Another-Bondi-Blonde.

 

 

Image from Liberals Are Cool

Image from What Are You Really Afraid Of?

Image from Bowlby's Bric-a-brac

 

 

Image from Assigned Male

 

#resist republican fascism from Republicans Are Domestic Terrorists

#fuck trump from Spousal Cheering Section

 

 

 

 

 

Image from Making Donald Drumpf Again

Image from Making Donald Drumpf Again

 

 

#vote blue from Self-love Is My Superpower

Image from What Are You Really Afraid Of?

 

 

Image from Depsidase

 

 

 

Image from I defy categorization!

 

 

 

 

#Republican propaganda from Rejecting Republicans

Image from No-Longer-Just-Another-Bondi-Blonde.

 

 

Image from Memewhore

 

 

 

Image from Depsidase

 

#universal child care from Liberals Are Cool

#billionaires are not your friends from Republicans Are Domestic Terrorists

 

 

#fuck corporations from NSFW stuff

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#healthcare from TitleKnown

 

 

 

 

Racist bigot Stephen Miller is trying to use the death of Charlie Kirk which was done by a republican to attack / destroy the left. It is the way of authoritarians.

Clips about the democratic party and the leaders of the party from The Majority Report.

Clips from The Majority Report on the rights accusations about Charlie Kirks killer.

From CBPP re Food Security

Research Note: Nearly 2 Million Young Children in the U.S. Lived in Food-Insecure Households in 2023

September 15, 2025

| By Joseph Llobrera and Luis Nuñez

Food is an essential human need, and even more so for infants and toddlers during the critical early months of rapid growth and development. The United States has the resources to ensure everyone has enough to eat. Yet millions of people across the U.S. experience food insecurity, meaning they struggle to afford enough food for an active, healthy life year-round. In 2023, the most recent data available, 33.6 million adults and 13.8 million children — including nearly 2 million children under 3 years old — lived in food-insecure households, meaning more than 1 in 8 households (13.5 percent) in the U.S. had difficulty acquiring food due to lack of resources.[1]

Millions of Children in Households Struggling to Afford the Basics
Figure 1

Households with young children are more likely to experience food insecurity. More than 1 in 7 (15.5 percent) households with infants and toddlers under 3 were food insecure in 2023, compared to 11.9 percent of households without children and 13.5 percent of all households. Nationally, more than 1 in 6 (17.1 percent) children under 3 lived in food-insecure households in 2023 and this share varies across states. (See Table 1.) These shares also vary by race and ethnicity, with children under 3 in American Indian or Alaska Native (30.3 percent), Hawaiian or Pacific Islander (26.3), Black (25.9), and Hispanic (22.4) households more likely to live in food-insecure households than those in Asian (5.5) or white (10.9) households.[2]

Roughly half of the children under age 3 who lived in food-insecure households didn’t experience food insecurity themselves, but the adults in those households were food insecure. Parents often find ways to maintain normal meal patterns for their children, even when they are food insecure themselves; these families often face other challenges as a result of their precarious financial circumstances. And in many households, food insecurity among children is so severe that caregivers report that children were hungry, skipped a meal, or did not eat for a whole day because there was not enough money for food.

Children are especially vulnerable to poverty, financial strain, and hardship. For infants and young children, the lack of access to good nutrition can lead to less favorable life-long outcomes. Caregivers’ struggles paying for food and other bills are linked to worse child outcomes.[3] Material hardship such as the lack of food also increases the risk for child welfare involvement due to neglect and abuse.[4] There is growing awareness among researchers that the consequences of adversity — poverty, abuse or neglect, parental substance use disorder or mental illness, housing instability, and exposure to violence — during the early years of life can extend well beyond childhood and affect people’s physical, mental, and economic well-being as adults.[5]

Conversely, when public policies provide economic security for their families, children tend to have better educational, health, and behavioral outcomes.[6]

Positive Health and Well-Being Effects of SNAP and WIC Last a Lifetime

The Supplemental Nutrition Assistance Program (SNAP) delivers more nutrition assistance to low-income children than any other federal program, making it the nation’s largest child nutrition program. In 2024, SNAP helped about 16 million children each month — about 1 in 5 U.S. children — including 2.8 million children under the age of 3.

While SNAP provides only a modest benefit — just $6.20 on average per person per day — it forms a critical foundation for the health and well-being of children in the U.S., lifting millions of families and their children out of poverty and improving food security. Food insecurity among children fell by roughly a third after their families received SNAP benefits for six months, a USDA study found.[7]

For young children in particular, SNAP’s benefits last a lifetime. Studies have found children have improved birth outcomes and better health, education, and employment outcomes as adults if they had SNAP access during early childhood or if their parent had SNAP access during pregnancy.[8] Access to SNAP among families with children is associated with reductions in child maltreatment reports and child welfare involvement.[9] Emerging evidence also suggests that SNAP helps decrease decades-long racial inequities in food security, reducing the gap between white households and Black and Hispanic households, who are more likely to experience food insecurity because of starkly unequal opportunities and outcomes in education, employment, health, and housing.[10]

The federally funded WIC program — more formally known as the Special Supplemental Nutrition Program for Women, Infants, and Children — also improves lifetime health for low-income pregnant and postpartum parents, their infants, and young children. Among other health and developmental improvements, WIC participation is associated with reduced risk of premature birth, low birthweight, and infant mortality. This is especially important because pregnancy-related complications and mortality, as well as infant mortality, are higher for families of color than for white families, again due to unequal access to health care and broader inequities in health, economic, and other systems for people of color.

Despite these benefits, only about half of all people eligible for WIC were enrolled in 2022. Less than half (46 percent) of eligible pregnant parents participated in WIC. Only 64.1 percent of eligible infants and children under the age of 3 participated.[11] And participation declines as children grow older. While nearly 4 in 5 (78.4 percent) infants eligible for WIC participated in the program in 2022, the rate drops to 65 percent, 50 percent, 44 percent, and 25 percent among children 1 to 4 years old, respectively.[12]

There are many opportunities for state agencies to reach more eligible families with low incomes, and these efforts are showing promise, with take-up and participation increasing in recent years. While data on WIC coverage rates for 2023 and 2024 are not yet available, nationwide average monthly participation increased by 7.1 percent between fiscal years 2022 and 2024, suggesting that coverage rates may have increased modestly.[13]

Increasing WIC take-up across the board — and for pregnant parents of color and their infants in particular — can be an important part of a strategy to improve pregnancy-related and child health, mitigate the large pregnancy-related health disparities affecting these communities, and advance racial equity in other aspects of pregnancy-related and child health and food security.[14]

Megabill Cuts Threaten Access to Nutrition Assistance

The harmful Republican megabill, H.R. 1, enacted on July 4, 2025, will dramatically raise costs and reduce food assistance for millions of people by cutting federal funding for SNAP by $187 billion (about 20 percent) through 2034, the largest cut to SNAP in history. These cuts will increase poverty, food insecurity, and hunger, including among children.

The bill includes a major structural change that will cut billions in federal funding for most states’ basic food benefits, with a new requirement that most states will have to pay between 5 and 15 percent of SNAP benefits. This amounts to billions of dollars each year that states across the country would now be required to pay. If a state can’t or won’t make up for some or all of these massive federal cuts with tax increases or spending cuts elsewhere in its budget, it will have to cut its SNAP program or it could opt out of the program altogether, terminating SNAP food assistance entirely in the state, including to households with young children.

If children lose SNAP, they will also experience harmful ripple effects in other child nutrition programs, such as free school meals and summer EBT, due to the loss of automatic eligibility that comes from receiving SNAP. To make up for the federal cuts and avoid cutting nutrition assistance as well as other priorities affecting young children, such as health care or education, state policymakers will need to either raise new revenue or rollback recent tax cuts to raise the funds needed to prevent harmful cuts.

TABLE 1
Nearly 2 Million Children Under 3 Years Old Lived in Food-Insecure Households, Thousands Across Every State
 Children Under 3 Years Old in Food-Insecure Households
StateNumberShare
Alabama38,00021%
Alaska5,00016%
Arizona55,00023%
Arkansas21,00020%
California172,00013%
Colorado27,00014%
Connecticut17,00015%
Delaware5,00016%
District of Columbia3,00011%
Florida102,00016%
Georgia60,00016%
Hawai‘i6,00013%
Idaho14,00019%
Illinois45,00010%
Indiana45,00017%
Iowa15,00012%
Kansas16,00014%
Kentucky39,00025%
Louisiana35,00020%
Maine8,00021%
Maryland28,00012%
Massachusetts25,00012%
Michigan63,00019%
Minnesota32,00014%
Mississippi21,00020%
Missouri38,00017%
Montana5,00014%
Nebraska15,00019%
Nevada18,00018%
New HampshireNANA
New Jersey35,00013%
New Mexico16,00022%
New York95,00014%
North Carolina67,00018%
North Dakota6,00017%
Ohio59,00014%
Oklahoma29,00020%
Oregon19,00015%
Pennsylvania58,00016%
Rhode IslandNANA
South Carolina28,00016%
South Dakota5,00014%
Tennessee34,00014%
Texas237,00019%
Utah23,00015%
VermontNANA
Virginia36,00011%
Washington36,00013%
West Virginia11,00018%
Wisconsin27,00015%
Wyoming5,00023%
Total1,808,00016%

Note: Sum does not equal total due to rounding. Counts are rounded to the nearest 1,000, and shares to the nearest whole number. “NA” refers to states whose sample size was too small to calculate reliable estimates. These estimates rely on ten years of data due to small sample sizes in many states. However, for the 13 states that had large enough sample sizes, their five-year estimates of the share of children under 3 in food-insecure households were similar to the ten-year estimates presented here.
Source: CBPP analysis of 2014-2023 Current Population Survey Food Security Supplement

Topics: Food Assistance

Political cartoons / memes / and news I want to share. 9-16-2025

 

Image from Liberals Are Cool

Image from WIL WHEATON dot TUMBLR dot COM

 

Image from WIL WHEATON dot TUMBLR dot COM

Image from Good Stuff

#trump and epstein from Social Justice In America

 

Image from WIL WHEATON dot TUMBLR dot COM

 

#GOP PEDO RING from Republicans Are Domestic Terrorists

 

 

 

Image from No-Longer-Just-Another-Bondi-Blonde.

#feminism from Profeminist

Image from No-Longer-Just-Another-Bondi-Blonde.

Image from No-Longer-Just-Another-Bondi-Blonde.

 

Tumblr: Image

 

 

#Pumpkin Spice Palpatine from What Are You Really Afraid Of?

#vote blue from Self-love Is My Superpower

 

 

Image from Liberals Are Cool

#crooked donald from Republicans Are Domestic Terrorists

 

 

Image from TRUTH IS TREASON IN AN EMPIRE OF LIES!

 

 

Image from Liberals Are Cool

 

 

 

Image from AZspot

 

 

Image from Liberals Are Cool

 

Image from Self-love Is My Superpower

 

#charlie kirk from Liberals Are Cool

#charlie kirk from hopes & fears

 

Image from Liberals Are Cool

#charlie kirk from Social Justice In America

Image from do fact checks no make it up shit!!

Image from Depsidase

 

Image from No-Longer-Just-Another-Bondi-Blonde.

 

Image from No-Longer-Just-Another-Bondi-Blonde.

 

 

 

 

#maga morons from MyRandomStuffPage

 

 

 

 

 

 

 

Image from Liberals Are Cool

 

 

 

Image from Liberals Are Cool

 

Image from Liberals Are Cool

 

Image from Liberals Are Cool

Image from Liberals Are Cool

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#nick fuentes from Liberals Are Cool

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Image from Assigned Male

Image from Assigned Male

Image from Assigned Male

Image from Assigned Male

 

Image from Liberals Are Cool

 

Image from Liberals Are Cool

Image from Liberals Are Cool

 

Image from Assigned Male

 

 

Image from What Are You Really Afraid Of?#Ted Cruz from What Are You Really Afraid Of?

 

 

 

 

 

 

 

 

 

 

 

 

#mine from reversecircumcision

 

Image from It seemed like a good idea at the time...

#ICE Gestapo from Social Justice In America

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John Darkow Columbia Missourian

#homelessness from Concealed Weapon

 

Image from No-Longer-Just-Another-Bondi-Blonde.

Tumblr: Image

 

image

Image from Assigned Male

 

 

 

 

 

 

 

#iran from Assigned Male