1. United States
  2. Mich.
  3. Letter

Reject Provision Undermining Judicial Oversight of Executive Branch

To: Sen. Peters, Sen. Slotkin

From: A constituent in Lincoln Park, MI

May 22

The provision in Section 70303 of the House reconciliation text is deeply troubling and an affront to the rule of law. This section appears designed to strip courts of their ability to hold the executive branch in contempt when it defies lawful court orders. This is an unacceptable attempt to place the president above judicial scrutiny and accountability. Recent cases like the deportation of Kilmar Abrego Garcia despite a Supreme Court order demonstrate the Trump administration's alarming disregard for the authority of the judiciary. Judges have warned of potential contempt findings to force compliance with their rulings. Section 70303 would neuter this judicial recourse by prohibiting courts from expending funds to enforce contempt orders against officials who defy court orders, unless impractical bond payments are made. This provision upends the vital system of checks and balances by insulating the executive from consequences for lawlessness. It undermines a core function of the independent judiciary to halt illegal government actions. Allowing the president to flout binding court decisions with impunity is a dangerous step towards authoritarianism incompatible with our democratic principles. I strongly urge you to strike this anti-democratic rider from the reconciliation package. Preserving the power of judges to enforce their orders through contempt findings is essential to upholding the Constitution and protecting individual rights against arbitrary exercises of executive power. Safeguarding judicial authority is critical to maintaining our republic and the rule of law. Section 70303 must not become law.

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