Hidden somewhere in the 1,000-plus page, “One Big Beautiful Bill” — among the tax breaks for billionaires, drilling and mining rights on public lands, and cuts to Medicaid and SNAP — there is also a golden ticket for Trump himself. It is here, in a section that reads, “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 …”
This is easily overlooked and difficult to comprehend, which is probably on purpose. Because this little provision would ensure that there is no way to enforce and/or compel the Trump administration to comply with court orders against it unless a bond had been paid when the case was brought to court. And civil cases do not require a bond to be paid. If this provision remains, and the bill passes, there will be no way to enforce or compel the administration to comply with injunctions or restraining orders even in cases where the court “requires” the government to stop doing something they have determined to be illegal.
This means that the dozens (hundreds?) of cases challenging this administration’s actions will ultimately mean nothing, even if the Supreme Court declares those actions unconstitutional. And anyone wanting to challenge the administration’s behavior in the future, well, you’d better have a Big Beautiful Bond to put up first, because if you don’t pay … well then, they don’t have to listen even if the court rules against them.
Our democracy was designed to be a three co-equal branch system of government — executive, legislative, judicial — precisely so that no one branch could have all the power and so that there would be “checks and balances” on undemocratic behavior. Unfortunately, the Republican-controlled Congress has already shown that it will not act as a check on this executive’s grab for power. All we have left is the judicial branch — precarious as it is. This little giveaway, tucked away among so many other unpleasant things, will serve to keep the judicial branch from being a check on this president as well. Leaving the executive branch and its present occupant, to do whatever it wants with no pesky checks on it and no legal ramifications.
Unless this is what you voted for, now is the time to stand up for democracy.
Eve Brown-Waite
Gill
