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For the text + an analysis of the legal implications: https://www.justsecurity.org/113529/terrible-idea-contempt-court/ https://www.justsecurity.org/113529/ter
by mikeyouse 1y ago
For the text + an analysis of the legal implications:
https://www.justsecurity.org/113529/terrible-idea-contempt-court/ https://www.justsecurity.org/113529/terrible-idea-contempt-c...
> The provision in the proposed budget reconciliation bill states: “No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued pursuant to Federal Rule of Civil Procedure 65(c), whether issued prior to, on, or subsequent to the date of enactment of this section.”
> By its very terms this provision is meant to limit the power of federal courts to use their contempt power. It does so by relying on a relatively rarely used provision of the Rules that govern civil cases in federal court. Rule 65(c) says that judges may issue a preliminary injunction or a temporary restraining order “only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.”
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> But the provision in the House bill would make the court orders in these cases completely unenforceable. Indeed, the bill is stunning in its scope. It would apply to all temporary restraining orders, preliminary injunctions, and even permanent injunctions ever issued. By its terms, it applies to court orders “issued prior to, on, or subsequent” to its adoption.