Legal scholar: GOP budget move could undermine judicial power 'framers knew was essential'
Source: Yahoo
A provision tucked deep inside the House GOP's sprawling budget bill is raising constitutional red flags among legal experts. The measure would limit courts’ ability to enforce contempt findings, a move that could blunt one of the judiciary’s most powerful tools for ensuring compliance with its rulings.
Brian Marks, J.D., Ph.D., a legal scholar at the University of New Haven, said the proposal runs counter to the very structure of American governance laid out in the founding era.
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The budget provision would require plaintiffs to post a bond before a judge’s contempt order could be enforced, something rarely done in lawsuits against the government. Critics argue it’s a quiet attempt to sideline judicial authority, particularly in cases where courts have clashed with the executive branch over immigration, deportations, and executive orders.
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For now, the contempt provision remains stalled along with the larger budget bill, but its inclusion has drawn a line in the sand over the separation of powers. Legal scholars say the implications go far beyond procedural tweaks; it’s a test of whether the branches of government will continue to respect the limits previously set.
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