October 20, 2025

Members of Congress have expressed a mix of relief and concern over President Donald Trump’s decision to use executive power to ensure active-duty military personnel are paid during the ongoing government shutdown. Last week, Trump issued an order allowing the Department of Defense and the Office of Management and Budget to utilize any remaining funds from the current fiscal year to cover military salaries.
This move bypassed the need for Congress to pass specific legislation to fund troop pay during the shutdown, a strategy that GOP leaders had hesitated to support, fearing it would ease pressure on Democrats to agree to a broader government reopening plan. The Senate is now poised to debate a bill this week that would extend pay to military and other federal employees during the closure, though its success is uncertain.
Critics, including Hawaii Senator Brian Schatz, have questioned the legality of Trump’s actions, emphasizing support for the troops' pay but accusing the administration of choosing the "most illegal way" to achieve it. Concerns center around the constitutional requirement for presidential consultation with Congress on financial reallocations, a process some lawmakers say has been disregarded.
Senator Jerry Moran of Kansas highlighted the procedural necessities mandated by law, stressing the importance of congressional involvement in such decisions. Despite these objections, the administration has continued to prepare for the use of additional funds for military pay if the shutdown persists.
The lack of transparency from the White House has been another point of contention. Lawmakers, including Senate Appropriations Chair Susan Collins and Senator Lisa Murkowski, have voiced frustration over not being adequately informed about the funds available and the potential impacts on other military and research programs.
On the legal front, the Trump administration has defended its authority to reallocate funds by citing historical precedents, such as an instance from 1794 involving President George Washington. However, detailed justifications and future funding plans remain largely undisclosed, raising concerns about the administration's broader strategy during the shutdown.
Amid these tensions, the Government Accountability Office has not yet been asked to review the legality of Trump’s move to ensure military pay, although it is investigating other potential legal violations by the administration during the shutdown.
As the debate continues, some lawmakers like Senator Tim Kaine of Virginia support the administration’s decision as a necessary response to Congressional inaction. However, any formal challenge to Trump's actions risks significant political fallout, with implications for both the legality and optics of supporting the military during a fraught political standoff.
As the shutdown drags on and the next military pay period approaches at the end of the month, all eyes will remain on the administration and Congress’s next moves, which will have critical implications for federal workers, military readiness, and the political landscape.