On Monday, however, the Office of Management and Budget sent a memo to all federal agencies saying that Congress had failed to make appropriations for the new fiscal year, all government agencies accordingly should implement their plans for orderly shutdown. The Supreme Court then issued a memorandum of its own.
In the event of a lapse of appropriations, the Court will continue to conduct its normal operations through October 4. The Court building will be open to the public during its usual hours. Further notice will be provided in the event a lapse of appropriations continues beyond October 4.The implication is that the Court may not be able to hear argument in the McCutcheon case on Tuesday, Oct. 11 as scheduled, if the government shutdown continues. We suspect the McCutcheon case was brought on behalf of the same contributors to Republican primary campaigns who have urged the shutdown. Perhaps the irony will not be lost on the Justices of the Supreme Court, who may find their ability to hear McCutcheon's claim is drowned out by his own undue influence on the political process.