The federal courts are essential to providing the checks and balances needed to prevent tyranny. Currently, the judiciary is the only branch of the federal government carrying out this essential function, since Congress is controlled by Trump’s collaborators in the House and Senate.
But the courts’ ability to hold Trump accountable is at risk from a provision buried in the enormous budget bill he is pushing Congress to pass. It would severely undercut a judge’s ability to hold the administration in contempt of court for violating a court order. The House has already passed the bill with this toxic provision in it. Now it’s before the Senate.
Here is how it works. Judges have the authority to make people in a court case comply with their orders. Judges can hold parties, attorneys, and others in “contempt of court.” After giving them notice and a hearing, judges can impose immense fines or even imprisonment, designed either to compel compliance or to punish noncompliance. This power is vital to a functioning judicial system, which means it is vital to our constitutional system of checks and balances to prevent tyranny. Our freedom depends on it.
Trump’s enablers in Congress are well aware of this. They have put a provision in the massive spending bill to severely restrict the ability of judges to use this power. It would prevent federal courts from using congressionally-appropriated funds to enforce a contempt citation, with only a narrow exception that rarely applies.
It’s an invitation for Trump to defy the courts when they step in to protect our freedom to speak out, our freedom to advocate against his policies, and our freedom not to be picked up and imprisoned without a hearing.
Yes, this plan is as scary as it seems.
It’s up to patriots in the Senate to stop it.
The budget bill is procedurally teed up to be passed without the ability to filibuster it. But under Senate rules, in order to be passed that way, each provision must have an effect on revenues.
Democrats will ask the Senate parliamentarian for a ruling that the attack on judges will not have an effect on revenue and therefore should be struck from the bill. But even if that happens, Republicans whose loyalty is to Trump over the rule of law may vote to overrule the parliamentarian.
Every senator’s phone should be ringing off the hook from constituents demanding that this nightmare provision be removed from the budget bill.