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CASE ENTRY

Kornitzky Group, LLC v. Elwell

Last March, the FAA ordered an airplane maintenance company to cease its operations. The D.C. Circuit was set to consider the matter today. But wait! The gov’t is shut down, and the Antideficiency Act generally prohibits gov’t employees from working without an appropriation. FAA: Please postpone until we get funded. D.C. Circuit: No dice. Concurrence: Common practice is to continue with oral argument during shutdowns, so we’ll do that. Dissent: Charles Dickens addressed this approach (“‘Whatever is is right’; an aphorism that would be as final as it is lazy, did it not include the troublesome consequence, that nothing that ever was, was wrong.”). The law is clear; we should postpone until there’s an appropriation.


Tags: 2019, D.C. Circuit, Funding, Statutory Interpretation

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