The heart of Trump's wrangle with judges: Nationwide injunctions
In the "Big Beautiful Bill," the budget legislation passed by the House of Representatives on May 22, American constitutional law experts noted a provision concerning the judiciary. Slipped into Section 70302 ("Restriction on enforcement"), this measure would limit the power of federal courts to sanction parties who do not comply with their rulings.
The bill prohibits judges from using public funds to "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." In other words, it would require anyone suing the government to provide a financial guarantee before the court can use its enforcement tools – such as sanctions, fines or contempt of court – to ensure its orders are respected.
According to most legal experts, if confirmed by the US Senate, this measure would effectively deprive judges of any coercive mechanism. "Without the ability to enforce judicial orders, they are rendered mere advisory opinions, which parties are free to disregard," warned Erwin Chemerinsky, dean of the law school at the University of California, Berkeley. According to his colleague, economist Robert Reich, "Trump will have crowned himself king," and no Congress could stop him, due to the lack of judicial support for enforcing requests for hearings or investigations.
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France 24
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- France 24
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Euronews
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France 24
7 hours ago
- France 24
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