Contempt Clampdown: Trump's Judicial Twist on Injunctions

A provision in a sweeping tax-and-spending bill under President Trump's agenda could weaken judges' power to enforce contempt orders, as it requires plaintiffs to post monetary bonds. This change could affect federal courts' ability to enforce court orders if the bill advances to law.

A sweeping tax-and-spending bill under President Donald Trump’s agenda could potentially weaken the ability of U.S. judges to enforce contempt citations. Critics claim that a provision requiring plaintiffs to post monetary bonds would undermine the judiciary's power.

The contentious one-sentence clause in the extensive 1,100-page bill states that federal courts, including the Supreme Court, can't enforce contempt orders unless plaintiffs have posted a monetary bond, a rarity in government cases. This provision applies retroactively, following a March directive from a White House memo.

The provision has sparked concern among opponents who argue it could leave courts unable to act against governmental defiance. Trump administration members did not comment, although past judiciary actions have been instrumental in checking White House policies.