The GOP’s ‘Big Beautiful Bill’ contains a provision that would kneecap judicial power

The GOP’s ‘Big Beautiful Bill’ contains a provision that would kneecap judicial power

Austin Sarat writes:

In his farewell address to the nation more than 200 years ago, President George Washington warned the branches of government to “confine themselves within their respective Constitutional spheres.” Encroachment on other branches, he wrote, “tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.”

Today’s Republican Party never heard that advice. GOP majorities in the House and Senate have stood by as President Donald Trump has brazenly usurped congressional authority and evaded court rulings. But apparently that is not enough for them demonstrate their fealty to such a despotic executive.

Now, the House GOP caucus is using the recently passed One Big Beautiful Bill Act to try to further insulate the president from judicial accountability. Republicans snuck in a little noticed but very important provision into the megabill that would effectively remove from judges the ability to hold litigants who defy court orders in contempt. If the provision becomes law, it would be an unmitigated disaster for the Constitution and the country. [Continue reading…]

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