The Supreme Court is facing a funding crisis, and federal courts nationwide are projected to run out of funds by early next week due to the government shutdown.
According to Supreme Court spokeswoman Patricia McCabe, the Court “anticipates running out of funding on October 18.”
This means that the Supreme Court building will be closed to the public until further notice, although it will remain operational for necessary public business. McCabe noted that essential activities like hearing oral arguments, issuing orders and opinions, processing case filings, and maintaining safety and support within the building will continue.
The U.S. Administrative Office of Courts revealed on Friday that the funding for federal courts is expected to be exhausted by October 20.
“Federal judges will still fulfill their duties in line with the Constitution, but court staff may only participate in certain exceptional activities, as permitted by the Anti-Deficiency Act,” the agency explained in a statement.
These exceptional activities are described as necessary for upholding constitutional functions related to life safety and property protection. Importantly, this work will proceed without compensation, while staff not engaged in these activities will face furloughs.
Jury programs will still be funded, and jurors will follow instructions from the courts. Access to case information through electronic court records will remain available for document filings.
Federal courts may conduct “limited additional business” using existing court fee balances that don’t require fresh spending approval from Congress. This limited activity can take place over the weekend prior to funds running out on Monday.
Individual courts will determine which cases can move forward and which must be delayed.
How operations will proceed in the coming weeks is contingent on decisions made by each of the 94 federal judicial districts and may also be influenced by resource availability.
As for when the current closure began on October 1 will end, that’s still uncertain.
There’s been no agreement between Democrats and Republicans on a new funding bill. Democrats have consistently blocked House Republican measures aimed at funding the government, particularly due to a lack of extension for health care subsidies under the Affordable Care Act that are set to expire at the end of the year.
