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3mo ago

Senate Considers 'One Big Beautiful Bill' Provision to Curtail Courts’ Contempt Powers

It would force plaintiffs to post bonds before courts could penalize officials for defying injunctions

Speaker of the House Mike Johnson (R-LA) (R), accompanied by U.S. President Donald Trump, speaks to members of the media as they depart a House Republican meeting at the U.S. Capitol on May 20, 2025 in Washington, DC.
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Overview

  • The House approved the One Big Beautiful Bill Act on May 22 and the Senate is now reviewing the measure under budget reconciliation rules.
  • A clause buried in the 1,116-page bill bars federal courts from enforcing contempt citations against government officials unless security was posted when injunctions or temporary restraining orders were issued.
  • Legal scholars warn that the bond requirement could make most injunctions unenforceable and retroactively nullify existing court orders.
  • Democrats contend the provision violates the Senate’s Byrd Rule by addressing judicial procedures rather than strictly fiscal matters.
  • A Pew Research Center survey shows nearly 78% of Americans believe the administration must comply with court rulings, signaling broad support for judicial oversight.