The Hatch Act and the 2025 Government Shutdown

Photo via AP News

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As of October 9th, 2025, the United States government shutdown still continues. Driven by disputes over extending healthcare subsidies under the Affordable Care Act, several Republican leaders, including President Donald J. Trump, are claiming that Democrats are seeking to allow undocumented immigrants to receive free healthcare and are to blame for the shutdown. Senate Democrat leader Chuck Schumer has called these claims “so lazy and so outlandish,” and Democrats unanimously acknowledge that this is not what they are fighting for. It is a bipartisan understanding that undocumented individuals do not qualify for many of the healthcare subsidies provided to United States citizens.

Several government agencies’ websites also blame Democrats for the shutdown, with the Department of Agriculture’s website featuring a red pop-up stating, “Due to the Radical Left Democrat shutdown, this government website will not be updated… President Trump has made it clear he wants to keep the government open and support those who feed, fuel, and clothe the American people.”

The official White House website contains articles that explicitly blame Democrats and the “Radical Left” for the shutdown. Headlines such as FACT: Democrats Shut Down Government Over Free Healthcare for Illegals and Democrats Betray Americans with Government Shutdown appear under the website’s “News” section.

Image via Truth Social

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The highly partisan rhetoric that has come from government agencies and the President has drawn scrutiny from many for the possible violation of the Hatch Act. The Hatch Act, passed in 1939, limits “certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs.” It also prohibits civil servants in the executive branch from engaging in certain political activity either in federal buildings or while on duty.

Michael Fallings, a partner at Tully Rickney, an employment law firm, said in a statement to NPR, “This correspondence from Federal Government Officials could be considered a violation of the Hatch Act… Here, while the reference to Democrats alone likely does not constitute a violation, the explicit blaming of the Democratic Party for the shutdown and reference to ‘radical left’ may constitute a violation.”

Donald Sherman, the Executive Director and Chief Counsel at Citizens for Responsibility and Ethics in Washington, D.C., said that while the messages are not “technically” in violation of the Hatch Act, they certainly overstep the legal obligation of agency employees to “provide nonpartisan service to their constituents.”

Former Idaho State Legislator Todd Achilles filed a complaint with the U.S. Office of Special Counsel, arguing that the language used by the Trump administration is a “prohibited political message on public infrastructure.” In an interview, Achilles also said, “I filed the complaint because we don’t play politics with public lands. The Forest Service exists to serve all Americans, regardless of political affiliation.”

A message on the U.S. Forest Service’s website under scrutiny by Achilles.

Image via Kirk Siegler/NPR

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It is also important to note that this kind of extreme rhetoric regarding a government shutdown and party affiliation has not been seen under other administrations. After a two-week shutdown in 2013, former President Barack Obama wrote in a letter to federal employees that “Congress [had] failed to meet its responsibility,” and thanked the employees for their service. He made no mention of Republicans or any political party.

The blaming of Democrats and the “Radical Left” constitutes a possible violation of the Hatch Act, or at least pushes the boundaries of what is considered lawful. However, it is very unlikely that any substantial legal consequences will come of this, much like other unconstitutional and unlawful acts committed under the current administration. While the illegality is acknowledged, undoing and applying consequences to these actions is difficult, especially after the 2024 ruling of Trump v. U.S., which debates presidential immunity, as well as what constitutes an unofficial or official presidential act. The government shutdown makes it increasingly difficult to define what is said either on or off duty, and what language directly constitutes a violation of the Hatch Act.

As the shutdown continues, more statements and backlash are bound to come out. It is unlikely that there will be an end to the partisan rhetoric. At the moment, it is important to remain hopeful that there will be a swift reopening of the government and that both parties come to an agreement regarding healthcare that will best serve all Americans.

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This article was edited by Zeynep Helva and Andrea Velez.