The NLJ has Federal Judiciary Prepares for Potential Government Shutdown -- In the event of a shutdown, the Administrative Office of the U.S. Courts said judiciary operations would continue for at least a week using certain balances.
- The Boston-based U.S. Court of Appeals for the First Circuit said all cases set for oral argument from Oct. 6 to 9 would go forward as scheduled.
- Fifth Circuit Court Clerk Lyle Cayce stated in an email to the National Law Journal that currently calendared cases will go forward as scheduled. There are sittings set for Oct. 6, 7, 8 and 10. However, Cayce said the New Orleans-based court would consider any request from parties to postpone arguments due to a shutdown.
The federal government's funding for fiscal year 2025 runs out at midnight Tuesday, and as of late afternoon Monday, Congress has made no agreement for extending it.
A spokesperson for the Administrative Office of the U.S. Courts told Law360 on Monday that if there is a shutdown, all judiciary employees will come to work Wednesday, and court operations will continue using court fees and other balances available until Friday.
The U.S. Supreme Court starts its new term on Monday, and a spokesperson for the court told Law360 in a statement on Monday that if there is a shutdown, the court will continue its normal activities. "The court will rely on permanent funds not subject to annual approval, as it has in the past, to maintain operations through the duration of short-term lapses of annual appropriations," the spokesperson said.