An open letter to the U.S. Congress

Defend judicial independence, reject anti-democratic provision

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The provision buried in the over 1,000-page "One Big, Beautiful Bill Act" that restricts federal courts' authority to hold government officials in contempt for violating court orders is a severe threat to judicial independence and the system of checks and balances. Requiring parties suing the government to pay a bond before courts can enforce orders through contempt citations is an unconstitutional overreach by Congress into the judiciary's powers. It would undermine the rule of law by making court orders against the executive branch unenforceable. This provision cannot be allowed to stand, as it would consolidate unchecked power in the executive branch and neuter the courts' role as a co-equal branch able to serve as a check on the other branches. Undermining the judiciary's contempt power erodes its ability to enforce its own orders and rulings, stripping away a crucial mechanism for upholding the Constitution and protecting individual rights. It marks an alarming escalation in efforts to kneecap the judicial system when it rules against the administration's actions. The courts must retain their full authority to enforce their orders through contempt in order to properly carry out their constitutional duties and uphold the separation of powers. Any attempt to curtail these powers jeopardizes our entire system of government and the essential role of an independent judiciary. I urge you to oppose this anti-democratic provision and any similar efforts to improperly concentrate power in the executive branch.

▶ Created on May 30, 2025 by Leslie

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