Despite the partial government shutdown since December 22^nd, the Supreme Court and lower federal courts have remained open by drawing on non-appropriated funds and court fees.

Federal courts will be able to continue operating with their limited funds during the shutdown until January 18th, as reported on January 7^th by the Administrative Office of the U.S. Courts (“Administrative Office”).  See https://www.uscourts.gov/judiciary-news.  This deadline is one week longer than its previous estimate.  To meet this goal, courts have been asked to delay or defer “non-mission critical expenses,” such as new hires and non-case related travel.  According to the Administrative Office, judiciary employees are reporting to work and currently are in full-pay status.  If new appropriation funds do not become available, “essential work” will continue to be allowed under the Anti-Deficiency Act.  Id.  This “essential work” would include “activities to support the exercise of the courts’ constitutional powers under Article III, specifically the resolution of cases and related services.”  Id.  Individual courts and judges will then decide how to fulfill those critical functions according to David Sellers, a spokesman for the Administrative Office.  See http://fortune.com/2019/01/05/government-shutdown-federal-courts/.  “In the past, some courts have suspended civil cases, some have conducted business as usual,” Sellers said.  “It’s really a judge-by-judge, court-by-court determination.”  Id.

Below is an update on how the shutdown is impacting the trade courts and the Supreme Court…
Continue Reading Government shutdown closes in on the federal court system (including the trade courts)