WASHINGTON – The Supreme Court will be closing to the public after running out of funding Oct. 18 during the government shutdown but the justices will keep hearing cases, the court announced.
While other federal judges − district, bankruptcy and appellate − will also continue working, they will be joined only by essential staffers, the U.S. Administrative Office of the Courts announced. Furloughs of other workers could delay how cases are handled.
The announcements come as the Supreme Court prepares for arguments in several high-profile cases. On Nov. 5, the justices are scheduled to hear arguments about whether President Donald Trump overstepped his authority in imposing tariffs on countries around the world. Trump has said he might attend the hearing.
Another case looming Nov. 10 is about whether prison officials can be sued for violating inmates' religious rights after a Rastafarian was forced to have his hair cut. The dreadlocks Damon Landor had been growing for nearly two decades were supposed to be protected by a 2000 law related to the religious rights of prisoners. The state of Louisiana condemned what happened “in the strongest possible terms” but argued in a filing that federal law doesn’t allow Landor to hold correction officials personally liable.
Arguments are scheduled Dec. 8 about whether Trump has the authority to fire two members of the Federal Trade Commission, who were appointed by Democrats. Commissioners Rebecca Slaughter and Alvaro Bedoya have challenged their dismissals as unlawful. The case could potentially overturn a nearly 100-year precedent that has protected members of independent agencies from dismissal.
Patricia McCabe, a spokesperson for the Supreme Court, said in a statement Oct. 17 that the high court's building would be closed until further notice.
“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,” McCabe said.
The federal courts announced that if the shutdown continues, federal judges will continue working with pay beyond Oct. 20 but court staffers will be furloughed unless they perform excepted activities.
Examples of excepted work include activities necessary for the safety of human life and the protection of property. Such work will be performed without pay during the shutdown.
The administrative office said in announcing the changes that each court – district, bankruptcy and appellate – will make its own operational decisions. Anyone with court business is directed to contact the appropriate clerk’s office to find out what is still operating.
The last time a shutdown forced the furlough of court workers was during former President Bill Clinton's administration in 1995 and 1996.
This article originally appeared on USA TODAY: Supreme Court halts public access to building in shutdown but still hearing cases
Reporting by Bart Jansen, USA TODAY / USA TODAY
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