The Lincoln Memorial was closed to visitors during the 2013 government shutdown. Photo: Diego M. Radzinschi / NLJ

No matter what happens next with the federal government shutdown, the U.S. Supreme Court will be open for business Monday, adhering to its tradition of ignoring the vicissitudes of the other branches of government.

For an institution that almost never shuts down—even when blizzards shutter other federal buildings—a government-wide shutdown is a “non-event,” retired Supreme Court clerk William Suter said in an interview Saturday. “The court marches on.”

Fortuitously, Monday is the last session of the high court until February 20, and it will consist only of opinion announcements, orders and the swearing-in of new members of the Supreme Court bar. There are no oral arguments. So the impact would be minimal even if the court were to join other entities in shutting down.

But the court almost never closes when other agencies do. The late Chief Justice William Rehnquist, who was a meteorologist in the military during World War II, shrugged at blizzards and refused to cancel arguments.

“It was eerie,” Suter said, remembering a session when the lawyers arguing a case, and almost no one else, made it to the court. “There were only about 20 people in the audience.”

Oral arguments were not delayed during the 2013 government shutdown. Former acting U.S. solicitor general Neal Katyal recalled earlier arguments on snowy days. “I think of the court the way I think of my elementary school in Chicago; it never shuts down.”

In a press release issued Saturday, the Administrative Office of the U.S. Courts said the judiciary, using fees and other resources, had enough money to stay open until February 9. The Supreme Court, which has a budget separate from the rest of the federal courts, may draw on similar resources until the shutdown ends.

A court spokesperson confirmed the justices will convene Monday.

Also possibly lessening the impact of the shutdown on the Supreme Court is the fact the court last November began allowing lawyers to file briefs and other documents electronically.

Chief Justice John Roberts Jr. noted in his end-of-the-year annual report last month that federal courts are deemed by statute (28 U.S.C. 452) to be open at all times for filings and other official business.

“On fair weather days, it is easy to take that provision for granted,” Roberts wrote. Referring to recent natural disasters that affected court operations, Roberts added, “When disaster strikes, it can be honored only through the tireless efforts of judges, court employees, Administrative Office staff, and the many friends of the judiciary.”

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