The gears of the U.S. federal judiciary are grinding to a slow halt. Starting Monday, courts across the country will begin furloughing staff and scaling back non-essential functions after their emergency reserves ran dry amid the ongoing government shutdown. For the first time in nearly three decades, thousands of judicial employees may be sent home or forced to work without pay.
An internal memo from the Administrative Office of the U.S. Courts outlined the grim reality: despite weeks of stretching limited resources, the courts can no longer maintain normal operations. Furlough notices will go out Monday morning, signaling a new, unavoidable phase of the shutdown.
Civil litigation is already feeling the pinch. Lawsuits involving federal agencies have stalled as furloughed workers sit idle. Yet, judges overseeing high-profile cases tied to former President Donald Trump’s policies have largely refused to pause proceedings, keeping some wheels turning even as paychecks stall.
Unlike many executive branch agencies, the judiciary initially weathered the shutdown using fees and internal funds. But tight budgets in recent years meant reserves ran out faster than during the 2019 shutdown, forcing this sudden operational squeeze. While judges and Supreme Court justices remain shielded from pay interruptions by the Constitution, probation officers, clerks, administrative staff, and federal public defenders face an uncertain paycheck future.
The Supreme Court itself will continue to hear arguments and issue rulings, though its doors will be closed to the public. District courts are prioritizing essential functions, but even these measures can’t prevent the looming backlog of cases. “The lack of appropriation will create delays in the court’s ability to ensure timely justice,” warned one district chief judge, reflecting a growing concern across the judiciary.
For staff whose roles fall outside essential functions, October 24 may mark the last paycheck until Congress restores funding. The shutdown’s ripple effects extend beyond government employees, delaying payments to private lawyers serving under the Criminal Justice Act—a crisis the courts have acknowledged since July.
As the shutdown drags on, the federal judiciary confronts a stark question: how long can the system of justice function when the very people tasked with running it cannot be paid?
