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Senate Considers Tax Bill Clause Requiring Bonds for Court Contempt Enforcement

Critics warn the bond requirement would retroactively void existing injunctions, stripping courts of contempt powers.

U.S. President Donald Trump speaks during a swearing-in ceremony for the interim U.S. Attorney for the District of Columbia, Jeanine Pirro, at the White House in Washington, D.C., U.S., May 28, 2025. REUTERS/Leah Millis/ File Photo
President Donald Trump speaks during a news conference Friday, in Washington.
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Overview

  • The House-passedOne Big Beautiful Bill Act” bars federal courts from enforcing contempt citations for injunction violations unless plaintiffs post a monetary bond.
  • The provision applies retroactively and could invalidate prior injunctions—ranging from immigration orders to civil rights rulings—that judges seldom required bonds for.
  • The bill’s budget status exempts it from Senate filibusters and could secure approval by a simple majority, although some Republicans are urging removal of the court provision.
  • Legal experts and Democrats, including Senator Alex Padilla, argue the clause undermines separation of powers and shields the administration from judicial oversight.
  • Supporters such as House Speaker Mike Johnson assert the measure is needed to curb “activist judges” issuing expansive or nationwide injunctions.