Federal Judiciary Faces Funding Shortfall
The United States federal judiciary announced it will transition to limited operations, effective Monday, October 20, 2025, as its funding to sustain full, paid services has been exhausted. This move comes as the federal government shutdown, which began on October 1, 2025, continues without resolution. The judiciary had initially managed to maintain paid operations using court fee balances and other non-appropriated funds, but these resources are now depleted.
The Supreme Court, the highest judicial body, faced its own funding depletion earlier, on Saturday, October 18, 2025. As a result, the Supreme Court building has been closed to the public 'until further notice,' though it remains open for official business.
Operations Under the Anti-Deficiency Act
Under the new operational phase, federal courts will adhere to the provisions of the Anti-Deficiency Act. This legislation permits work to continue during a lapse in appropriations only for activities deemed 'excepted.' These include functions necessary to perform the Judiciary's constitutional duties, activities essential for the safety of human life, and the protection of property, as well as other federally authorized activities.
While federal judges will continue to serve and receive their salaries, in accordance with constitutional protections against diminution of their pay, a significant portion of court staff will be impacted. Staff members not performing 'excepted activities' will be placed on furlough. Those performing critical, excepted work will do so without pay during the funding lapse.
Case Management and Court Access
Despite the widespread operational changes, certain core functions of the federal court system will remain accessible. The Case Management/Electronic Case Files (CM/ECF) system will continue to operate for electronic filing of documents, and case information will still be available on PACER. Individual appellate, district, and bankruptcy courts will be responsible for making specific operational decisions regarding their cases, including which proceedings will continue on schedule and which may face delays. The jury program is funded by separate means and is expected to continue operating.
Context of the Ongoing Shutdown
The current government shutdown, now in its third week, marks the 21st funding gap and 11th government shutdown in modern U.S. history. It is also the third such shutdown to occur under a Trump presidency and is considered the third-longest funding lapse in modern history. The impasse stems from a congressional failure to pass appropriations legislation for the 2026 fiscal year, which commenced on October 1, 2025.
5 Comments
Donatello
The cost of this political theater is too high for ordinary citizens.
Loubianka
Absolutely shameful. Furloughing staff is unacceptable.
Noir Black
While the judiciary's efforts to adapt are visible, the fact that we're in the third longest shutdown under a specific administration points to a deeper, unresolved political divide that constantly jeopardizes essential services.
Muchacha
Another shutdown, another blow to basic governance. Politicians fail again.
Bella Ciao
The Anti-Deficiency Act provides a framework for continuity, yet the repeated occurrence of these shutdowns highlights a systemic failure in our political process that disproportionately affects federal workers and the public.