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Trump Domestic Policy Bill Would Limit Judges’ Contempt Power

The New York Times's profile
The New York Times
Yesterday
Trump Domestic Policy Bill Would Limit Judges’ Contempt Power

Context:

A new Republican bill passed in the House aims to limit the power of federal judges by restricting their ability to hold people in contempt, which could protect President Trump and his administration from repercussions for violating court orders. This provision was included in a broader tax and spending cut bill, reflecting the Republicans' strategy to curb judicial oversight of executive actions, especially concerning aggressive deportation policies. The bill requires judges to order a bond before enforcing contempt citations, a move Republicans claim is to prevent frivolous lawsuits but is seen by Democrats as undermining judicial authority. The bill's language allows it to apply retroactively, affecting ongoing cases where federal judges consider contempt proceedings against the Trump administration. Democrats argue that this legislation diminishes judicial power and adds financial burdens on citizens seeking to challenge unconstitutional government actions in court.

Dive Deeper:

  • The Republican bill seeks to limit federal judges' power to hold officials in contempt, potentially protecting the Trump administration from consequences for defying court orders related to deportation efforts.

  • Inserted into a tax and spending cut bill, the provision reflects a broader Republican initiative to weaken judicial checks on executive actions, particularly those involving nationwide injunctions.

  • The bill mandates that judges order a bond before a contempt citation can be enforced, purportedly to deter frivolous lawsuits but criticized by Democrats as a measure that undermines judicial authority and shields the administration.

  • The provision is designed to apply retroactively, influencing current cases where judges are evaluating contempt charges against the administration for deporting immigrants contrary to court orders.

  • Democrats contend that the measure will strip courts of their power, effectively shielding the administration from constitutional challenges and imposing financial barriers on citizens defending their rights.

  • Several judges, including Judge James A. Boasberg and Judge Paula Xinis, have considered contempt proceedings against the administration for violating court orders related to the deportation of immigrants.

  • Representative Jim Jordan argues that the provision is necessary to prevent unwarranted nationwide injunctions, while Democrats like Joe Neguse emphasize the unprecedented requirement for security to vindicate constitutional rights in federal court.

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