What Happens to the Courts When the Federal Government Shuts Down?

The federal government shut down on Oct. 1 after Congress failed to come to an agreement on funding it. This government dysfunction comes at a time when Republicans control both chambers of Congress and the White House.  

While many critical government programs and services are on hold, federal courts are still operating for now – and no matter what happens in D.C., Earthjustice’s work to protect the environment will continue. 

The courts can stay open for a short period following a government shutdown by tapping into revenue sources that don’t come from Congress, such as case filing fees. If this pool of money runs out, a law called the Antideficiency Act allows the judiciary to continue to perform essential functions even if Congress has not designated funding for it to do so.  

However, the Department of Justice decides which functions are essential. What the Trump DOJ prioritizes as it makes its financial decisions will reveal what it views as most important. It will have the option to delay cases that have a drastic impact on public health, the environment, and democracy.  In addition, some federal district courts have issued orders putting on hold any civil case where the U.S. government is a party – a category that includes many of Earthjustice’s legal fights. 

As communities wait to see whether the government will press pause on cases that affect the quality of their air, their water, and the natural world around them, the administration has already made one of its priorities clear: It has ordered staff who process leases for fossil fuel drilling on public lands to keep working through the shutdown. 

The ability to go to court and hold our government accountable is vital to American democracy. And the shutdown is already causing harm across many other sectors, from the halting of safety inspections at food and medical facilities to the threat of vandalism in partially closed national parks. We are calling on members of Congress to negotiate a bipartisan funding bill that will open the government and protect against presidential abuse of the purse. 

For as long as the federal courts remain open, we will continue to show up in them to fight for a better future for our planet and its people. We are also moving full speed ahead in our work in states, in cities, and around the globe to make progress toward a healthier environment. We can’t do this work without you.