How a Government Shutdown Could Impact the U.S. Supreme Court

As the possibility of a government shutdown looms, many Americans are concerned about the potential economic effects and the functioning of various government institutions. While several House Republicans are holding up appropriation bills, it is important to note that the judiciary, specifically the U.S. Supreme Court, should stay relatively unscathed.

The Threat of a Shutdown and Its Economic Effects

A potential government shutdown could have immediate economic impacts if a short-term continuing resolution (CR) is not passed. Without a CR, government funding at current levels would be disrupted, leading to a structurally insecure system. This could result in job losses, delayed payment of government employees, and hindered government services.

However, one area that should remain unaffected, at least for a couple of weeks, is the judiciary. The courts have the ability to continue their normal operations by relying on court fees and other funding that does not come from Congress. This temporary solution can help mitigate the impact of a potential shutdown on the judicial system.

The Courts’ Ability to Operate During a Shutdown

If a shutdown were to last for an extended period, the courts would need to pare down their services to essential functions in order to fulfill their constitutionally mandated duties. This means that certain non-essential services may be paused during a prolonged shutdown.

Legal scholars have reassured that, historically, the U.S. Supreme Court has continued to conduct business as usual during government shutdowns. In 1995 and 2013, the court heard oral arguments and proceeded with its scheduled cases. Even during the 2013 shutdown, which lasted for 17 days, the court remained operational.

Unlike the entire federal court system, the Supreme Court is constitutionally identified and holds a distinct position. Experts believe that unless the shutdown is exceptionally long, the Supreme Court will continue its operations, safeguarding constitutional rights.

Upholding Constitutional Rights

The U.S. Constitution contemplates the entire federal court system, ensuring that it remains functional regardless of government shutdowns. Constitutional rights, particularly those related to criminal defendants, need to be honored continuously, regardless of financial disruptions caused by a shutdown.

Every citizen, regardless of their station in life, should be treated equally under the law. The criminal justice system should not be subject to financial whims and should scrupulously apply constitutional rights to all individuals. While recent attention has been drawn to the criminal justice system due to cases involving former President Donald Trump, it is critical to remember that every person deserves equal treatment and protection of their rights.

As the possibility of a government shutdown looms, the U.S. Supreme Court and the judiciary should remain largely unscathed. While an extended shutdown could lead to some limitations on non-essential services, the court is constitutionally mandated to continue its operations. Constitutional rights apply equally to every citizen, and they should be safeguarded even in the face of financial disruptions caused by a shutdown.