TBA Law Blog

TBA Law Blog

House Reconciliation Bill Includes Provision on Contempt Powers

Posted by: Stacey Shrader Joslin on Jun 4, 2025
News Type: Congressional News

The U.S. House passed legislation last month designed to enact President Trump's domestic policy agenda. According to Reuters, the 1,100-page bill includes a one-sentence provision that could weaken the power of U.S. judges to enforce contempt when the government defies court orders. Specifically, the provision prevents federal courts, including the U.S. Supreme Court, from enforcing contempt orders unless the plaintiffs have posted a monetary bond. According to critics, this rarely happens in cases against the government and would leave judges powerless to enforce orders if they are not followed. The legislative provision follows a White House memo from March that directed heads of government agencies to request that plaintiffs post a bond when seeking injunctions against agency policy. The administration said the directive was aimed at deterring frivolous lawsuits. The U.S. Senate is scheduled to take up the bill this week, NPR reports, though some senators suggest that inclusion of the provision would not survive a challenge under that body’s rules. Bloomberg Law reports on that angle.

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