The so-called One Big, Beautiful Bill — a sprawling 1,037-page legislative package promoting former President Trump’s domestic priorities — is marked by grand ambitions reflected in its name. Far exceeding the cost of the pandemic relief package signed during his first term, this bill proposes approximately $3.8 trillion in tax reductions primarily benefiting affluent Americans. These cuts would be financed by slashing over a trillion dollars from government programs and borrowing the remainder.
Following its approval in the House last month, the bill now faces consideration in the Senate. Proponents have sought to portray it as a flawless bargain without drawbacks for the American public. However, a group of policy experts has highlighted several significant consequences that have been largely obscured from public view.
One particularly concerning yet little-noticed provision would significantly weaken the authority of federal courts.
Under current practice, courts maintain the power to enforce their rulings through measures such as holding parties in contempt if they fail to comply with orders like temporary restraining orders. This enforcement mechanism is central to ensuring judicial decisions are respected.
If this legislation passes, courts would be restricted from exercising such enforcement actions unless plaintiffs first provide a security bond. Traditionally, courts have discretion to require bonds and frequently waive them, especially when plaintiffs have limited financial means. The proposed change would compel anyone suing the government to post a bond upfront, and if they cannot afford this, courts would be unable to use contempt powers to compel government compliance with their orders.
The apparent intent behind this provision is to obstruct courts from enforcing rulings that are unfavorable to the Trump administration, effectively limiting judicial oversight.
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