General Discussion

It was a time where the Courts were able to move some money around (according to their internal rules). If my memory serves, many court staff were furloughed, but some staff (specifically Article III Judges and their staff) were classified 'excepted' - depending on the activity and type of duties they had. It could have been called a 'skeleton krew'. It had to have something to do directly with Article III cases. I know that IT staff remained available.

This time, it seems to be more dire and lasting longer. After talking to some of my previous colleagues, even the 'excepted' employees are on Furlough, with the minimum exception that they can check email twice a day (and respond if it was an Article III task for a judge - even though it is understood that it is without pay).

Previously, all furloughed court employees did get back pay. I'm fairly sure they will again because the Federal Judiciary is not managed directly by OPM, and there is actually a law that says they must be paid. I think that TSF and Voght are going to try to pick and choose who in the Fed Gov gets paid, but I don't think they have jurisdiction over the Judiciary.

I don't think the gov shutdown was leverage when they did the BigBlowjobBill because they presented it using a process (Budget Reconcillation) that only required a majority vote, and they passed it without the need for Democratic votes.