The federal Judiciary will enter shutdown “Phase 2” if an FY 2026 budget or a continuing resolution (“CR”) is not passed before 11:59 p.m. ET on October 17, 2025. A Phase 2 shutdown subjects the Judiciary to the Anti-Deficiency Act (“ADA”). Effective Monday, October 20, 2025, FLNB staff will continue working on “excepted activities” authorized under the ADA but will not be paid. Employee pay will be delayed until a budget or a CR is passed per the Government Employees Fair Treatment Act.

All activities necessary for the exercise of the judiciary’s constitutional functions; prevention of imminent danger to human life and property; preservation of Article III functions; resolution of bankruptcy cases, adversary proceedings, and exigent matters; and activities otherwise authorized by law, either expressly or by necessary implication and inclusive of executing activities needed for an orderly shutdown of other official functions will continue to be performed by unpaid court staff throughout shutdown Phase 2. CLICK HERE to read a “Message from Traci E. Abrams, Clerk of Court, Concerning the Fiscal Year 2026 Budget and the Government Shutdown” for more detailed information about the Judiciary’s FY 2026 budget request and the limitations of the ADA.