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Judicial Power Gutted in GOP Billionaire Budget Bill
'Hidden' Provision in Trump's Big Bill Could Disarm US Supreme Court
A provision "hidden" in the sweeping budget bill that passed the U.S. House on Thursday seeks to limit the ability of courts—including the U.S. Supreme Court—from enforcing their orders.
"No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued," the provision in the bill, which is more than 1,000 pages long, says.
The provision "would make most existing injunctions—in antitrust cases, police reform cases, school desegregation cases, and others—unenforceable," Erwin Chemerinsky, the dean of the University of California Berkeley School of Law, told Newsweek. "It serves no purpose but to weaken the power of the federal courts."
"No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued," the provision in the bill, which is more than 1,000 pages long, says.
The provision "would make most existing injunctions—in antitrust cases, police reform cases, school desegregation cases, and others—unenforceable," Erwin Chemerinsky, the dean of the University of California Berkeley School of Law, told Newsweek. "It serves no purpose but to weaken the power of the federal courts."
Source: https://www.newsweek.com/hidden-provision-trump-bill-court-2075769
The GOP’s Chaotic Bid to Defang the Courts
Republicans are considering a new judicial requirement that would let Trump skirt court orders for a short time — for the small price of nationwide legal pandemonium.
The multitrillion-dollar reconciliation bill the House GOP passed Thursday includes a provision that would, if it becomes law, curtail when courts can force parties to comply with their orders.
“No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued pursuant to Federal Rule of Civil Procedure 65(c), whether issued prior to, on, or subsequent to the date of enactment of this section,” the provision reads.
The measure would require that judges collect a bond from all parties seeking a temporary restraining order or a preliminary injunction, otherwise the resulting orders will be unenforceable.
The multitrillion-dollar reconciliation bill the House GOP passed Thursday includes a provision that would, if it becomes law, curtail when courts can force parties to comply with their orders.
“No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued pursuant to Federal Rule of Civil Procedure 65(c), whether issued prior to, on, or subsequent to the date of enactment of this section,” the provision reads.
The measure would require that judges collect a bond from all parties seeking a temporary restraining order or a preliminary injunction, otherwise the resulting orders will be unenforceable.
Source: https://www.democracydocket.com/news-alerts/republicans-trump-court-orders-injunctive-relief-bonds/
Don't let Trump distract you with his tariff nonsense.
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