The Supreme Court will remain open and conduct normal business despite the ongoing government shutdown, the Administrative Office of the U.S. Courts confirmed.
The rest of the federal judiciary will use funds accrued through various fees to remain operational for the next three weeks. The courts will curtail official business if the shutdown continues once those funds are exhausted.
“Despite a government shutdown, the federal judiciary will remain open and can continue operations for approximately three weeks, through Feb. 9, by using court fee balances and other funds not dependent on a new appropriation,” the Administrative Office said in a statement. “Most proceedings and deadlines will occur as scheduled.”
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Should the courts exhaust those funds, limited operations may continue under the terms of a federal law called the Anti-Deficiency Act.
“If the shutdown were to continue past three weeks, and exhaust the judiciary’s resources, the judiciary would then operate under the terms of the Anti-Deficiency Act, which allows work to continue during a lapse in appropriations if it is necessary to support the exercise of Article III judicial powers,” the statement reads.
The Supreme Court is expected to release orders and opinions on Monday, though it is not scheduled to hear cases until Feb. 20.
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