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U.S. Courts Enter Phase II as Shutdown Drains Judiciary Funds

Courts now restrict work to constitutionally required tasks under the Anti-Deficiency Act.

Overview

  • United States Courts said only excepted activities will continue, with judges proceeding on cases and core systems like CM/ECF remaining online.
  • Essential employees are working without pay until Congress restores funding, and furloughed staff are to receive retroactive pay under the Government Employee Fair Treatment Act.
  • Each appellate, district, and bankruptcy court is setting local procedures on case management, probation, and pretrial supervision during the lapse.
  • The Sixth Circuit reports it remains open for business, continuing oral arguments, enforcing filing deadlines, docketing new cases, and issuing opinions unless a panel orders otherwise.
  • Jury operations are unaffected because they are funded from sources not impacted by the shutdown.