Occasionally, we poke fun at the Department of Justice when they advertise for unpaid SAUSA positions. Prosecuting people for no money is not really something that people sign up for. But thanks to Donald Trump’s shutdown of the federal government, that kind of unpaid labor is soon coming to all essential employees in the federal court system.
The federal courts were supposed to run out of money at the end of this week, just like pretty much everybody else. Somehow, they found enough extra money — or stretched what extra money they had — and now believe that the system can operate for another week.
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After that… things get grungy. From Bloomberg:
After that, nonessential workers at the 94 federal district courts, and at higher courts across the country, may have to stay home even as skeleton crews show up — without pay — to handle matters deemed essential under U.S. law, including many criminal cases.
Individual courts and judges will then decide how to fulfill those critical functions, said David Sellers, a spokesman for U.S. Courts. He pointed to earlier shutdowns, the longest of which was the 21-day furlough that started in December 1995 and ended in January 1996. A shutdown beyond Jan. 11 would break that record.
“In the past, some courts have suspended civil cases, some have conducted business as usual,” Sellers said. “It’s really a judge-by-judge, court-by-court determination.”
I hope the President understands that even if he starves the government of money, judges and their clerks are still going to show up for work. They are still going to be there if he declares an illegal national emergency, or if he tries to institute “military eminent domain.” When people challenge these wackadoodle ideas, courts will be there.
Hopefully there will be a big backpay check when this is all over. In the meantime, I can think of no more essential federal employee in these times than Article III judges and the people who support them. You guys are the thin line between civilization and utter chaos wrought by this administration.
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Courts Run Out of Cash Next Friday. Here’s What Happens Then [Bloomberg]
Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.