Stripping Contempt Powers Is a Step Toward Dictatorship

A Hidden Assault on the Courts Buried deep within the current House Republican appropriations bill is a provision that would block federal courts from enforcing contempt citations unless a financial bond was posted when an injunction or restraining order was issued. While technical in appearance, this language poses a profound threat to judicial independence. Why This Provision Is So Dangerous In civil cases involving executive overreach—such as recent actions by the Trump administration—no bond is typically required. This provision would therefore eliminate courts’ ability to enforce their rulings in precisely the cases where enforcement is most needed. As UC Berkeley Law Dean Erwin Chemerinsky has warned, this would render federal court orders “mere advisory opinions.” Unchecked Executive Power This change would collapse the checks and balances our system relies on. If Congress remains unwilling to challenge the executive branch and the courts are stripped of enforcement power, the presidency becomes unrestrained. We would be left with one branch in command—an outcome our Founders explicitly sought to prevent. Congress Must Defend the Constitution This is not a matter of ideology; it is a matter of preserving constitutional government. I urge you to reject this provision in the House GOP appropriations bill. The contempt power is essential to the rule of law. Disabling it invites authoritarianism.