Oct. 1 Shutdown Slows Federal Courts Nationwide

The government shutdown that began Oct. 1 is already slowing the federal judiciary, with Justice Department lawyers filing nationwide to ask judges to pause cases because of curtailed staffing and funding. In Washington, D.C., Chief Judge James E. Boasberg issued a standing order extending civil filing and discovery deadlines through the shutdown to "minimize expenditures of scarce judicial resources," while preserving normal deadlines for emergency relief such as temporary restraining orders and preliminary injunctions. Courts are remaining open for now by tapping fee balances and other non-appropriated funds, sustaining operations at least through early October, but districts will need to make staffing and operational decisions once those balances run out and the judiciary would then limit work to core constitutional functions under the Anti-Deficiency Act. The Justice Department says most employees will be exempt from furlough for the first several days and that criminal prosecutions will continue, and it has already moved to stay multiple civil matters, including suits over voter-data requests and cuts to domestic-violence programs. If the shutdown persists, courts nationwide could be forced to delay trials, reschedule hearings and curtail non-emergency civil litigation as government attorneys and staff are furloughed or reassigned.