Bloomberg Law Are Shutdown Firings Legal & Mangione Wants Death Penalty Tossed
Oct 15, 2025
David Super, a constitutional law professor at Georgetown, dives into the legality of President Trump's potential firing of federal workers during a government shutdown, explaining how it likely violates the Anti-Deficiency Act. Meanwhile, Patricia Hurtado, a Bloomberg legal reporter, discusses the Luigi Mangione case, focusing on defense motions to dismiss death-penalty charges and evidentiary issues. She highlights the impact of potentially suppressing crucial evidence and raises concerns over public statements affecting fair trial rights.
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Shutdown Firings May Violate Law
- The Trump administration's mass firings during a shutdown likely lack legal basis because layoffs require positive, non-emergency actions during a funding lapse.
- David Super argues these layoff actions violate the Anti-Deficiency Act and are therefore likely illegal.
Anti-Deficiency Act Restricts Spending
- The Anti-Deficiency Act criminalizes spending or accepting voluntary service without congressional appropriation.
- Super stresses career officials avoid actions that would violate this statute, showing its practical force.
Inherent-Power Claim Is Weak
- The administration's claimed 'inherent presidential power' to fire workers would conflict with the Constitution's Appropriations Clause.
- Super calls this argument "very strange" because the Appropriations Clause is textually clear.