The One Big Beautiful Bill Act contains the usual items of tax cuts, child tax credit, Medicaid changes, Social Security adjustments, debt ceiling increase, border security funding, gun policy, food assistance changes, etc.
But in this year’s act, there is a provision that would significantly weaken the ability of federal courts to enforce contempt citations.
Section 70302 of the bill states that no court may use appropriated funds to enforce a contempt citation unless a financial bond was posted [required] when the injunction or order was issued.
Allow me to add some clarification. In our legal system, there are civil and criminal cases with fundamental differences in their purpose, parties involved, burden of proof, and potential outcomes. Criminal cases punish individuals for violating laws that are considered offenses against the state or society. Civil cases resolve disputes between individuals, organizations, or the government, typically seeking to compensate for harm or to enforce a right. As of now, only criminal cases may require the posting of a bond.
This means that, once passed, Section 70302 could be used to nullify (ignore) injunctions and restraining orders in civil cases that were issued without a bond requirement.
The Campaign Legal Center has criticized the bill’s provision as an attack on the judicial branch, stating it would shield government officials from accountability when they violate court orders that do not require the posting of bonds. They note that courts have ruled against the Trump administration at least 170 times, and this provision appears designed to limit this type of judicial oversight, thereby, placing Donald Trump above all court orders.
To prevent Section 70302 from becoming law, citizens are encouraged to contact their senators and demand its removal.
David B. McCoy, Massillon
This article originally appeared on The Repository: The One Big Beautiful Bill Act is not beautiful | Letter
Reporting by Canton Repository / The Repository
USA TODAY Network via Reuters Connect
