R's don't care either way, gov't shutdown is the plan. If they get it, they can hold it over Dems and ignore any negotiation for weeks. While the courts are shutdown, the felon admin isn't stopped. This is very much lose-lose territory. Passing it unexpectedly might be the least bad option.
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U.S. courts should continue to hear and decide cases without interruption. Thus, all cases including civil and criminal, old and new should be processed and argued, and judgments should be issued and enforced, according to normal schedules and priorities.