Judge Robert Conrad, the director of the Administrative Office of the U.S. Courts, in a memo, opens new tab distributed to judges and other court officials nationally, said the judiciary currently estimates it could sustain operations only through October 3.
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Conrad acknowledged the short duration was a “very sharp change” from how the courts were able to sustain paid operations for the entirety of a five-week shutdown that began in December 2018 during President Donald Trump’s first administration.
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Should money run out, judges and Supreme Court justices would still get paid, thanks to a constitutional bar against a diminution in their pay. But law clerks, probation officers, and other employees would not.
Archived at https://archive.is/9ODqj


No, you don’t get it, the courts would stay open and the law clerks would still work, they just would not get paid until after the shutdown ends. If you don’t show up to work in exchange for a pinky promise to get paid someday, you can still get fired.
Also pay attention to the bit in the article when they say in past shutdowns, these courts had enough cash in the bank to sustain operations for a few weeks. Now it’s a few days. Somebody made that decision, on purpose, to change their budgeting to deliberately screw over employees in the case of a shutdown. This shutdown will inflict maximum pain on government operations, because that’s what the people in charge want.
Do you have a source for that claim? Because I’m pretty sure that’s wrong. A different article says , "Federal courts may be forced to quickly curtail operations – potentially delaying trials and other hearings – if congressional funding is not extended beyond Sept. 30, a spokesperson for the Administrative Office of U.S. Courts told ABC News. " (arc)
I think it’s just as plausible with this administration that they fucked up and are being blindsided by this. I don’t see how the Supreme Court potentially not having a term and having a diminished ability to crank out their dogshit 6-3 decisions does them any favors.
https://thehill.com/newsletters/the-gavel/5529645-shutdown-threatens-court-operations/
So, the courts won’t close entirely, but may seek to delay some (perhaps most) activities that can be delayed. All that stuff requires court staff. While there will be some staff who are outright furloughed and forced to stay home, “supporting the exercise of the Judiciary’s constitutional functions” logically requires some law clerks to come to work – otherwise Judges would be doing all that work themselves, and we can’t have that now, can we?
Good info, thank you! I think that spokesperson is doing a bit of a “This is fine” meme here and I’ll be really curious to see how they decide what is or isn’t essential here. Also, really curious to see how much unpaid work they’ll be able to get out of their law clerks before those people start pushing back. It’s definitely a complicated situation with unclear rules and a lot of dishonest and selfish people so really hard to say where this goes.
I feel like the Administration is starving the court budget on purpose, in order to derail the multiple court cases against it. If this turns into a protracted shutdown, it will be interesting to see whether those court cases will be delayed (and whether other court cases pushed by the administration and the President himself go forward)…
The Republicans in charge don’t care about the shutdown. Or the previous ones. It does not affect them and they have zero problems using propaganda with or without a shutdown. Just like all the previous times.
They will spin it just like they have done for decades.
I mean, if Republicans lying about it prevents us from pursuing a course of action we literally can’t do anything