Power of judges to hold Trump administration in contempt may be undermined with filibuster-proof GOP proposal

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Source: CNN Politics

Published 11:26 AM EDT, Thu May 1, 2025


CNN — The ability of federal judges to hold the Trump administration in contempt for defying their orders could be undermined by legislation approved by a House Republican-led committee late Wednesday in a bill that may be impossible for Senate Democrats to filibuster. Republicans say that the provision is aimed at discouraging frivolous lawsuits. Democrats and the administration’s legal opponents charge that GOP lawmakers are seeking to give President Donald Trump the green light to engage in illegal conduct that had been prohibited by courts.

“Instead of providing support for the judicial branch, this Judiciary Committee bill seeks to strip to strip the courts of their power to hold the administration in contempt when the President violates court orders,” Maryland Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, said before Wednesday’s vote. The legislation comes amid a multi-front campaign by Trump and his allies to attack the legal institutions that are serving as a check on his aggressive use of presidential power. That has included smearing judges who have ruled against his policies and issuing executive orders targeting law firms that represent his political foes.

The Justice Department has also at times resisted providing courts with information relevant to the disputes before them. The House proposal would defund the enforcement of contempt orders if the judge had previously not ordered the plaintiffs in the case to put up a security bond with a preliminary injunction or temporary restraining order granted in their favor – essentially making it more expensive to challenge administrative policies.

Notably the language is retroactive, so if it became law, it would hamstring a court’s ability to hold the administration in contempt for defying a court order issued before the bill was enacted if the judge had denied bond. The Trump administration has already faced the possibility of contempt proceedings for allegedly not complying with an order from Judge James Boasberg that sought to halt the deportation of certain migrants.

Read more: https://www.cnn.com/2025/05/01/politics/judges-contempt-undermined-house-republicans