A recent legislative provision included in a House-passed package of President Trump’s priorities would require litigants to post a bond before judges can enforce court orders blocking Trump policies. This echoes a memo Trump signed earlier, stating that the Justice Department should seek bonds in cases where policies are challenged. Currently, judges have halted Trump policies in 180 instances, and if the Senate approves this provision, all these cases would need to be reviewed for bond requirements.
The provision is significant as it could create a barrier for courts enforcing their orders, effectively hindering judicial power. Legal experts worry it might allow the Trump administration to ignore court rulings, as the proposed bond requirement would inhibit the enforcement of injunctions and restraining orders. Historically, judges have waived bond requirements in government-related cases since they are often not about monetary loss but about policy disputes.
The provision applies to existing and future court orders and could potentially impose significant delays as judges would have to evaluate bond amounts on a case-by-case basis. Legal professionals argue this undermines the integrity of the judicial system, making it difficult for courts to hold the executive branch accountable.
Notably, some Republican lawmakers were unaware of this provision, and its future in the Senate is uncertain. Senators, such as Joni Ernst, suggest it may not pass due to its lack of financial impact on the budget. Legal experts believe this provision raises significant separation of powers concerns, potentially eroding checks and balances that are foundational to democracy.
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