The U.S. Courts announced Friday that funding for the judicial branch has lapsed and that courts will begin limiting their operations next week, as the government shutdown nears three weeks.
The judiciary said at the beginning of the government shutdown it would continue normal operations through Friday using “court fee balances and other funds not dependent on a new appropriation,” but because Congress has yet to pass government funding legislation for fiscal 2026, the courts announced they have run out of funding allowing them to continue full operations.
“Until the ongoing lapse in government funding is resolved, federal courts will maintain limited operations necessary to perform the Judiciary’s constitutional functions,” a statement from the U.S. Courts reads.
“Federal judges will continue to serve, in accordance with the Constitution, but court staff may only perform certain excepted activities permitted under the Anti-Deficiency Act,” the statement continues.
The Anti-Deficiency Act generally prevents government agencies from spending funds that have not been appropriated by Congress, but there are exempted activities that may still continue without appropriated funds. The courts will continue to perform constitutionally mandated functions, including “activities necessary for the safety of human life and protection of property,” among other functions.
The U.S. Courts said each individual court will determine which cases and other activities will continue moving forward without funding and which staff will continue to work without pay during the government shutdown. Federal judges and Supreme Court justices will continue to receive pay during the shutdown, as required by the Constitution.
As the government shutdown continues, the lack of funding has hampered government operations more each day that lawmakers fail to end it.
Government offices and federally run museums and tourist sites have had to shutter the longer the shutdown has continued. President Donald Trump redirected some leftover and unaffected funds earlier this week to ensure 1.3 million active service members received a paycheck and to temporarily keep some other programs afloat. As the shutdown lingers, there will be fewer funds to move around to blunt the visible impact of the lack of appropriations.
JUDGE DEMANDS EVIDENCE TRUMP ADMINISTRATION IS HALTING LAYOFFS DURING SHUTDOWN
With Democrats and Republicans in Congress digging in over their respective government funding bills, the end of the shutdown does not appear to be coming anytime soon. Republicans have pushed for a continuing resolution, which would effectively continue to fund the government at the same levels as last year, through Nov. 21, while Democrats have attempted to include renewed Obamacare subsidies with their continuing resolution.
Despite Republicans holding a majority in both chambers, Democrats have been able to filibuster the GOP-led funding bill 10 times in the Senate, continuing the standoff and the shutdown. The longest shutdown in history lasted 35 days, from December 2018 through January 2019.
