As Usual, SCOTUS Is Doing Fine While The Rest Of The Government Isn’t Functioning

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The Supreme Court will remain open and conduct normal business despite the ongoing government shutdown, the Administrative Office of the U.S. Courts confirmed.

The rest of the federal judiciary will use funds accrued through various fees to remain operational for the next three weeks. The courts will curtail official business if the shutdown continues once those funds are exhausted.

“Despite a government shutdown, the federal judiciary will remain open and can continue operations for approximately three weeks, through Feb. 9, by using court fee balances and other funds not dependent on a new appropriation,” the Administrative Office said in a statement. “Most proceedings and deadlines will occur as scheduled.”

Should the courts exhaust those funds, limited operations may continue under the terms of a federal law called the Anti-Deficiency Act.- READ MORE

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The Trump administration said Tuesday it will ask the Supreme Court to review a federal judge’s ruling from last week that blocked President Donald Trump’s effort to end the Deferred Action for Childhood Arrivals program.

The Justice Department filed a notice of appeal with the 9th US Circuit Court of Appeals and said it will also take the “rare step” of filing a petition with the Supreme Court.

“It defies both law and commons sense for DACA — an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals … to somehow be mandated nationwide by a single district court in San Francisco,” Attorney General Jeff Sessions said in a statement.

Under normal circumstances, the Supreme Court disfavors parties from bypassing lower court proceedings and asking for direct review.

Federal District Judge William Alsup last week blocked the plan to end DACA and said the Trump administration must resume receiving DACA renewal applications. – READ MORE

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Justice Ruth Bader Ginsberg has no plans to retire anytime soon, it seems. The Notorious RBG has already hired on a group of Supreme Court clerks for the court’s 2019-2020 season.

Ginsberg is one of the court’s most liberal members, but she’s already 85 years old, and court watchers were hoping that she’d vacate her seat before she is forced to resign from the court because of ill health. But RBG has no intention, it seems, of being willingly replaced by President Donald Trump, so she’ll hold on as long as possible, even if that means being on the nation’s pre-eminent judicial body when she’s nearing 90.

“If Democrat Hillary Clinton had won the presidency in 2016, liberal Ginsburg would likely have announced her retirement by this spring,” CNN reports. “Instead the justice who made her name as a women’s rights lawyer in the 1970s apparently is not counting on leaving the stage any time soon.”

If Donald Trump remains undefeated in 2020, Ginsberg will have to face an interesting choice: retire and hope that Republicans choose a more moderate member of the federal judiciary to replace her, or gamble on her health for another four years, delaying her retirement until well into her 90s. – READ MORE

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