The government shutdown is about to slam into the federal courts, which had been able to keep running but are about to exhaust their extra cash and will have to furlough employees starting early next week. Here’s what you need to know about how the shutdown is affecting the federal judiciary:
Courts running out of money
Federal judiciary exhausts non-appropriated funds:
- Government shutdown is about to slam into federal courts, which had been able to keep running but are about to exhaust their extra cash and will have to furlough employees starting early next week
- Shutdown began Oct. 1, but courts kept running at full speed based on cash from court fees and other sources that didn’t stem from congressional appropriations
- That extra money is now running out
- Administrative office for U.S. courts said Friday that employees who aren’t involved in essential activities will be furloughed, while essential employees will have to work without pay
Essential operations only
Courts limited to constitutionally required functions:
- Courts will be allowed to perform only essential work where human life or protection of property is involved, plus activities specifically required by federal law or to carry out Article III of Constitution
- Money for juries is still there, so they can operate
- Courts have determined that judges can be paid under precepts of Constitution, so they can work
Impact on anti-Trump lawsuits
Unclear how hundreds of cases will proceed:
- What’s not clear is how courts will classify hundreds of anti-Trump lawsuits that have been filed and how they will proceed
- Sen. Richard Durbin, Illinois Democrat, fretted Friday that some of those cases “could be delayed”
Congressional standoff continues
Democrats filibuster Republican funding bills:
- Republicans in Congress have offered legislation to keep government running on last year’s levels
- Senate Democrats have filibustered those bills, forcing shutdown
- Democrats say government shouldn’t reopen until money is added to extend pandemic-era Obamacare subsidies and rollback of some new limits on eligibility for federal health programs that Republicans imposed in their One Big Beautiful Bill budget law this past summer
Durbin blames Republicans
Democratic senator urges GOP to cave on stance:
- Mr. Durbin on Friday urged Republicans to cave on their stance to get courts working again
- “The impacts of Trump government shutdown are now reaching our justice system. Because Republicans are choosing to put billionaire tax cuts ahead of affordable health care for all Americans, federal courts will now be forced to make hard choices as they work to fulfill their constitutional duties,” he said
Read more:
• Federal courts feel the bite of government shutdown
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