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Senate Parliamentarian Blocks GOP Provision Limiting Lawsuits Against Trump

Democrats will use the Byrd Rule to strip the bond mandate from the reconciliation process before Senate debate.

The Senate parliamentarian rejected on Sunday a measure in the Republicans’ sweeping domestic policy bill that could limit lawsuits seeking to block President Donald Trump’s executive actions.
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Overview

  • Senate parliamentarian Elizabeth MacDonough ruled the lawsuit-limiting provision in the GOP’s reconciliation bill violates budget rules.
  • The discarded language would have forced anyone suing the Trump administration to post bonds covering government costs before courts grant temporary restraining orders or preliminary injunctions.
  • Republicans added the measure to curb nationwide injunctions and limit courts’ power to enforce contempt findings against administration officials.
  • Democratic leaders, including Schumer and Durbin, intend to invoke the Byrd Rule to remove this and other non-budget-related provisions during Senate debate.
  • With only 53 GOP votes and a 60-vote threshold required for disputed text, Republican efforts to retain the provision are likely to falter.