Senate Dems vow to remove judiciary provision from GOP budget bill
WASHINGTON (Gray DC) - Senate Minority Leader Chuck Schumer (D-NY) said Thursday that Democrats in the upper chamber will fight to remove a provision in President Donald Trump’s sweeping policy package that would weaken the power of federal judges.
“Buried deep in the Republican bill is a really nasty provision that would strip federal judges of one of their most critical powers the ability to force their own rulings,” said Sen. Schumer at a press conference outside the Capitol. “In other words, Republicans want to codify into law Donald Trump’s attacks on our judicial system.”
The one sentence provision in the House-ed “One Big Beautiful Bill Act” would prevent federal courts from enforcing contempt orders unless the plaintiffs have posted a bond.
Schumer said that provision would make it easier for President Trump to ignore a federal judge’s orders.
“This provision, as I said, is one of the most direct assaults on the separation of powers in recent memory,” he said. “It essentially hands government officials, including Donald Trump, the license to ignore any ruling from a federal judge that they don’t like.
The one sentence provision in the bill reads:
“No court of the United States may enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued pursuant to Federal Rule of Civil Procedure 65(c), whether issued prior to, on, or subsequent to the date of enactment of this section.”
The provision comes as federal judges now weigh whether or not to hold the Trump istration in contempt for violating orders in cases where his policies have been blocked.
“Trump doesn’t want to lose, and he’s been losing consistently,” said Sen. Dick Durbin (D-IL). “He hates these judges, but he can’t remove them. They’re in for life. And now he’s decided to change the procedures of the court so that he can’t be forced to enforce court orders. That is unacceptable. And it goes to the heart of our constitutional democracy.”
Schumer said if Senate Republicans do not remove the provision, Senate Democrats will use what is known as the Byrd process to take it out. The process is a Senate rule that blocks non-budget provisions from being included in a reconciliation bill.
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