The federal government shut down just after the clock struck midnight on Oct.1 for the first time in seven years after Congress failed to reach an agreement to fund the government.
The Texas Lawbook reached out to all four chief judges in Texas, the U.S. attorneys for each district and leaders from the U.S. Securities and Exchange Commission to ask how the shutdown will impact operations.
The Southern District of Texas announced yesterday in preparation of the federal government shutdown that it will “continue to fulfill its constitutional responsibilities to the public notwithstanding a lapse in appropriations.”
“Southern District of Texas courthouses will remain open, and the Case Management/Electronic Case Files (CM/ECF) system will be operational for electronic filing of documents. Most proceedings and deadlines will occur as scheduled,” the court wrote in its announcement. “In cases that involve attorneys from executive branch agencies who are furloughed, hearing and filing dates may be rescheduled as determined by the court. The court will post public notices if any services are stopped or delayed.”
Northern District Court Chief Judge Reed O’Connor told The Lawbook that paid judiciary operations will continue for two weeks through Oct. 17.
“Once available funds are depleted, the judiciary will limit activities to those necessary to support the judiciary’s constitutional functions and to address emergencies. The court will make every effort to avoid disrupting services to the public,” the court wrote in an email.
In response to a question from The Lawbook about the impact of the shutdown, the SEC sent a 19-page document detailing how operations would work in the event of a shutdown. It states that it will have “only an extremely limited number of staff members available to respond to emergency situations involving human life or the protection of property, including law enforcement.”
The document it states the SEC will not engage in ongoing litigation, “except matters that cannot be deferred as described above; investigative work, including commencing investigations and conducting investigative testimony, except as necessary for the protection of property; pursuing the collection of any delinquent debts or work to distribute funds to harmed investors; or non- emergency examinations and inspections and related follow-up.”
Western District Court Chief Judge Alia Moses and Eastern District Court Chief Judge Amos L. Mazzant III did not immediately respond to request for comment, nor did the acting U.S. attorneys for all four federal districts in Texas.
The last government shutdown was in 2018 and lasted 35 days through 2019 during President Donald Trump’s first term. There have now been a total of three federal government shutdowns while President Trump has been in office.
In the Senate, both parties blocked each other’s votes on the spending proposal. The Republican bill did not restore Medicaid funding or extend Obamacare subsidies, so Democrats voted against it. The Democratic version added more than $1 trillion in spending, so Republicans voted against it.
With lawmakers at a deadlock, it is uncertain when the shutdown will end.
This is a developing story and will be updated.