‘No court may enforce contempt’: GOP slips Trump protection clause into spending bill that would let him ignore judges

House Republicans have inserted a provision into the recently passed One Big Beautiful Bill Act that could significantly limit judicial oversight of the executive branch. The provision, found on page 562 of the 1,118-page bill, would effectively remove judges’ ability to hold parties in contempt for defying court orders.

The new measure specifically targets injunctions and temporary restraining orders, requiring litigants to provide a security bond before a judge can exercise contempt powers. This requirement would apply to all orders, including those issued before the law’s enactment, potentially affecting numerous existing cases against the Trump administration.

According to MSNBC, the provision states that “No court of the United States may enforce a contempt citation for failure to comply with an injunction or temporary restraining order” unless security was provided under Federal Rule of Civil Procedure 65(c). This rule traditionally allows judges discretion in setting bond amounts and is typically relaxed in cases involving government misconduct.

How the provision could impact judicial accountability

The change would particularly affect those seeking court orders against government actions, as most plaintiffs lack the resources to post such bonds. According to Erwin Chemerinsky, dean of UC Berkeley School of Law, this requirement would effectively shield unconstitutional government conduct from judicial review.

The provision’s fate in the Senate remains uncertain, as it’s being passed under budget reconciliation rules that typically limit legislation to fiscal matters. However, Senate Republicans have shown flexibility in interpreting these procedural requirements.

The measure appears specifically designed to benefit the current administration, focusing only on injunctions and restraining orders rather than broader contempt powers. This is particularly significant given the numerous court orders issued against the administration since January 20.

If enacted, the provision would severely limit the judiciary’s ability to enforce its decisions. Without contempt powers, court orders would become more advisory than mandatory, potentially undermining the constitutional system of checks and balances that President George Washington emphasized in his farewell address over 200 years ago.