Federal judges across the country are letting some cases come to a halt while government lawyers are sidelined by the shutdown, but the U.S. Labor Department had no such luck in its bid to stay a multistate suit regarding a rule taking effect Jan. 1 that would allegedly weaken consumer protections under the Affordable Care Act.

U.S. District Judge John Bates of the District of Columbia said in a short ruling Friday that while he is “sympathetic” to the lapse in appropriations to some governmental agencies, the Labor Department remains fully funded.

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