Federal courts about to feel bite of government shutdown

The Washington Times ^ | Updated: 2:50 p.m. on Friday, October 17, 2025 | Stephen Dinan

[E. Pluribus Unum]

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.

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 the Constitution.

Employees who aren’t involved in those activities will be furloughed, while essential employees will have to work without pay, the administrative office for the U.S. courts said Friday.

The shutdown began Oct. 1, but the 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.

Money for juries is still there, so they can operate.

And the courts have determined that judges can be paid under the precepts of the Constitution, so they can work.

What’s not clear is how courts will classify the 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.”

Officials said each court can make its own determinations.

The federal lawyers arguing cases in court have been working without pay since the start of the shutdown.

The Justice Department requested that many of the anti-Trump lawsuits be put on hold because of the shutdown. Some judges agreed, but many others refused, pointing to the department’s own shutdown plan that said if a judge ordered a case to be worked during a shutdown, that was a reason to stay on the job — albeit without pay.

That could be a clue that judges will argue that those cases are essential...

[E. Pluribus Unum]

That's a shame.

[ConservativeMind]

So it seems court cases will continue to happen at the same speed as before, maybe even get done quicker.

[pas]

And the courts have determined that judges can be paid under the precepts of the Constitution, so they can work. Crap. Just imagine what could be done if they were not there to interfere for a month or 2.

[hanamizu]

Isn’t it just?

Sen. Richard Durbin, Illinois Democrat, fretted Friday that some of those cases (agains Trump) “could be delayed.”

Well, Dick, if you are that worried, get your fellow democrat Senators to vote open the government back up. Or is getting medicaid for illegals more import than ‘getting Trump’?

[flamberge]

So, it seems court cases will continue to happen at the same speed as before, maybe even get done quicker.

I do not share that optimistic viewpoint.

I expect that most cases obstructing a Trump executive order will be slow walked, "due to the shutdown", while the judges will insist on temporary restraining orders until the appeals can be heard.

District courts have already ignored previous Supreme Court and appellate court rulings. That is not stopping the district courts from repeating them with small variations. None of these district court orders have any basis in laws. At some point, the Trump administration must ignore the district courts.

[Organic Panic]

Those Obama Biden judges will work for IOUs. ANything to stop Trump.

And all those a holes complaining, they’ll all get paid.

[Revel]

I bet that they still find the resources to rule against Trump.