The E. Barrett Prettyman U.S. Courthouse in Washington, D.C., home of the U.S. District Court for the District of Columbia, on July 14, 2025. (Photo by Jacob Fischler/States Newsroom)
This report has been updated.
WASHINGTON — The U.S. Supreme Court and the rest of the federal judiciary are set to run out of funding in the next few days, a new development in the ongoing government shutdown that will likely reverberate throughout much of the country.
The Supreme Court, which is in the middle of its fall term and slated to hear oral arguments for the next several months, will run out of funding Saturday, according to a statement from public information officer Patricia McCabe.
“At that point, if new appropriated funds do not become available, the Court will make changes in its operations to comply with the Anti Deficiency Act,” McCabe wrote. “The Supreme Court will continue to conduct essential work such as hearing oral arguments, issuing orders and opinions, processing case filings, and providing police and building support needed for those operations.”
The building, she added, will be closed to the public but remain open for official business.
A spokesperson for the Supreme Court told States Newsroom in late September that it planned to “rely on permanent funds not subject to annual approval, as it has in the past, to maintain operations through the duration of short-term lapses of annual appropriations.”
U.S. federal courts will run out of funding “to sustain full, paid operations” Monday due to the ongoing government shutdown, though they “will maintain limited operations necessary to perform the Judiciary’s constitutional functions,” according to an announcement released Friday.
“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 U.S. Courts statement said.
The shutdown began on Oct. 1 after Congress was unable to find a bipartisan path forward on a stopgap spending bill. The U.S. Courts said at the time they would be able to use “court fee balances and other funds not dependent on a new appropriation” to keep up and running through Friday.
The new announcement from the courts said that several activities are excepted and can legally continue during the funding lapse. Those include anything necessary “for the safety of human life and protection of property, and activities otherwise authorized by federal law.
“Excepted work will be performed without pay during the funding lapse. Staff members not performing excepted work will be placed on furlough.”
The statement said that each individual court throughout the federal system will make its own decision about how active cases will proceed during the shutdown.
“Anyone with Judiciary business should direct questions to the appropriate clerk of court’s office, probation and pretrial supervision office, or federal defender organization, or consult their websites,” the announcement read.
People summoned for federal jury duty will still need to report as instructed, since that program “is funded by money not affected by the appropriations lapse and will continue to operate.”
The online case management and electronic filing system, known as PACER, will keep operating despite the shutdown’s impact on the courts.
