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Senate Republicans Insert Bond Barrier to Limit Injunctions in Trump’s Spending Bill

Using reconciliation rules, the Senate bill makes injunctions cost-prohibitive for most challengers by demanding expensive security before courts can block policies

President Donald Trump holds an executive order, at the White House, in Washington, D.C., on March 25, 2025.
The U.S. Capitol building is pictured at sunset on Capitol Hill in Washington, U.S., November 27, 2019. REUTERS/Loren Elliott/File Photo
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Overview

  • Senate leaders are advancing the One Big Beautiful Bill Act through budget reconciliation to curtail judges’ power without needing 60 votes in the 100-seat chamber.
  • New Judiciary Committee language mandates plaintiffs post bonds covering potential government expenses—often tens of millions—before a court may grant a preliminary injunction.
  • Republicans stripped the House provision barring courts from enforcing contempt orders but retained measures to fund studies on injunction costs and train judges on their use.
  • Legal experts, including Columbia Law’s Jamal Greene, call the bond requirement a frontal assault on the rule of law that will deter lower-resourced challengers.
  • Senate Democrats argue the changes are designed to shield the Trump administration from judicial checks and undermine the separation of powers.