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US Senate Republicans seek to limit judges' power via Trump's tax-cut bill

  • Senate Republicans inserted a provision into Trump’s tax-cut bill requiring plaintiffs to post large bonds to obtain preliminary injunctions against federal policies.
  • This measure follows longstanding Republican efforts to restrict nationwide injunctions, with some Senate GOP members opposing the provision and seeking to remove it.
  • The provision restricts courts’ ability to promptly issue orders that pause government actions, such as temporary restraining orders and early injunctions, which could hinder timely judicial protection of constitutional rights.
  • The bill specifies that courts are limited to evaluating only the amount necessary to cover the government's incurred costs and damages, but critics argue that the high upfront bond requirements could deter many plaintiffs from filing lawsuits.
  • If enacted, the bond requirement could undermine judicial review by preventing many lawsuits, allowing unconstitutional policies to persist and limiting court enforcement power.
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Bloomberg Law broke the news in Arlington, United States on Friday, June 13, 2025.
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