October 1, 2013,
The Courts and the Shutdown
By DOROTHY J. SAMUELS, NYT
The
opening of a new Supreme Court term on the statutorily prescribed first
Monday in October is always surrounded by a fair amount of drama having
to do with the momentous legal issue the justices will be taking up.
The government shutdown has imbued the start of the 2013-2014 term this
coming Monday, Oct. 7, with a different sort of suspense.
A
notice posted on the Supreme Court’s website says the court “will
continue to conduct its normal operations” through this Friday. It is
silent about what will happen if the “lapse of appropriations,” as the
notice delicately describes the madness, continues beyond that. The
court will be announcing its plans a week at a time.
It is
expected, though, that the term’s first oral arguments will proceed as
scheduled, shutdown or no, and that the court will conduct business as
usual, much as it did during the Clinton-era shutdowns. How long Supreme
Court operations could remain unharmed if the shutdown drags on is
unclear.
For lower federal courts, a prolonged shutdown could be
disastrous. Sufficient reserve funds are on hand for normal court
operations for just 10 business days, through Oct. 15, according to a
memo recently circulated by Judge John Bates, director of the
Administrative Office of the United States Courts.
Once those
funds are depleted, there would need to be extensive furloughing of
staff, and reductions in probation, pretrial and courthouse security
services to comply with the federal Anti-Deficiency Act, which allows
only “essential work” to continue during a government shutdown. Coming
on top of the devastation to the nation’s court system caused by the
maniacal across-the-board budget cuts known as sequestration, the damage
to American justice would be compounded and hard to recover from once
the impasse is over. >> THE COURTS & SHUT DOWN <<CLICK
LET US ALL GET ON OUR KNEES AND PRAY THE
GOVERNMENT SHUT-DOWN IS GOING TO TAKE ALL THE KITTY LITTER OUT AND THROW
THE NASTY ROCA POOPS INTO THE SEWERS
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