There is a provision that should not be in the “Big Beautiful Bill,” because it is not about federal spending. Instead, it is a sneaky and likely unconstitutional attempt to strip federal courts of the power to enforce their orders.
The provision says that if a judge issues an injunction or temporary restraining order and does not require the plaintiff to post a bond, no congressionally appropriated funds can be used to enforce that court order.
According to constitutional scholar Erwin Chemerinsky, “it has always been understood that courts can choose to set the bond at zero.” But if this provision becomes law, the Trump administration will have a new excuse to thumb its nose at the many federal judges who have ordered the administration to follow the law.
Tell your senators not to precipitate a constitutional crisis by voting for this bill, which Chemerinsky calls “a terrible idea.”
Linda F. Smith
Salt Lake City