Overview

• Senators are considering Section 70302 of the ‘One Big Beautiful Bill Act,’ which would bar courts from enforcing contempt citations against federal agencies unless plaintiffs post monetary bonds under Rule 65(c).
• The provision applies retroactively to past and future injunctions, potentially nullifying rulings that were issued without bond requirements.
• Legal experts and Democratic lawmakers warn the change would weaken judicial checks by allowing the administration to ignore court orders without penalty.
• House Speaker Mike Johnson and other supporters argue the bond mandate is needed to curb what they describe as activist judges issuing sweeping nationwide injunctions.
• Classified as budget legislation, the tax-and-spending bill can advance with a simple Senate majority, though some Republicans anticipate the contempt provision may be removed before final passage.