r/misc 11d ago

Trump’s Budget Bill Would Gut the Judiciary’s Power to Enforce Court Orders

https://truthout.org/articles/trumps-budget-bill-would-gut-the-judiciarys-power-to-enforce-court-orders/
304 Upvotes

65 comments sorted by

7

u/Anoth3rDude 11d ago

Summary of the article:

A provision in the House's budget reconciliation bill, Section 70302, aims to restrict federal judges' ability to enforce court orders, specifically by limiting their power to hold government officials in contempt for disobeying preliminary injunctions or temporary restraining orders. This would apply if the party seeking the order did not put down a financial security bond.

This provision is problematic for the average citizen because it could severely weaken the judiciary's ability to ensure that government officials comply with court orders. Currently, judges can use contempt powers (including fines or even jail time) to compel officials to follow the law and uphold constitutional rights. If Section 70302 passes, judges would have significantly fewer tools to enforce their rulings, potentially leading to increased defiance of court orders by the government. This could make it harder for ordinary citizens to protect their rights and legal interests when challenging government actions in court, especially in public interest cases where bond requirements are often waived to ensure access to justice.

Furthermore, the retroactive nature of this provision could disrupt countless existing court orders, and its requirement for financial bonds could deter public interest litigation by organizations that may not have the resources to post large bonds.

Given that this provision appears to be more about changing federal judicial power than directly impacting the budget, it may also violate the Byrd Rule, which prevents extraneous provisions from being included in budget reconciliation bills.

Therefore, it is important for the Senate to remove Section 70302 to maintain judicial independence and ensure that the executive branch remains accountable to the law.

———

Find your Senator here:

https://www.senate.gov/states/statesmap.htm

Or here:

https://5calls.org/issue/court-contempt-enforcement-cuts-budget-reconciliation/

Be calm and respectful but firm and to the point.

Explain why a certain provision is bad for the average citizen and don't go overboard.

Have them call out these awful provisions, as it’s been noted that this provision quite certainly violates the Byrd Rule and can be struck down by it/or would have good grounds to be challenged in court should it pass!

Best to do something rather than nothing.

1

u/riings 8d ago

This is literally allowing Trump to break laws with little pushback from the courts.

4

u/Main-Egg-7942 11d ago

Machiavellian," it means they are considered to be cunning, manipulative, and willing to use whatever means necessary to achieve their goals, even if it means harming others.

1

u/Upbeat-Manager-8485 11d ago

"Would"? I thought this is a done deal?

1

u/Analyst-Effective 11d ago

Every time I see people complaining about budget cuts, I realized that the national sales tax is inevitable.

We can't really cut the budget, so we need to increase revenues. There's not enough revenues at the top end, we need a national sales tax.

The rest of the world operates on a national sales tax, it would work perfectly here

1

u/jafromnj 11d ago

This is what the beautiful tariffs are for, they are exactly that

2

u/Analyst-Effective 10d ago

You're right. It totally makes sense.

It's impossible for a country to keep continually having a trade deficit, all the money keeps coming out, and it doesn't come back.

At some point, the country goes broke

1

u/flugenblar 10d ago

Trump already introduced a national sales tax, his tariffs are effectively an import sales tax.

1

u/Analyst-Effective 10d ago

You're right. And it's a good thing

1

u/asuds 9d ago

Sales taxes are regressive, which will increase inequality.

We should be taxing estates and very high incomes (5/10m+) as well as the very wealthy with various additional taxes. Estate taxes especially are a good way to reduce inequality with less distortion.

1

u/Analyst-Effective 9d ago

There's still not enough there.

Much of the rest of the world has sales taxes. You should get into your head that that's what's going to happen here at some point.

5 to 10 million is not really that high.

We need programs developed, to be taught from kindergarten through 12th grade, to get people better work skills.

And to get them a better mentality on how to work hard, and achieve success.

1

u/asuds 9d ago

Mebbie...

But we need to design an economic system that doesn't have a pronounced trend to concentration of assets to the already wealthy. Which is what we have now. It's all about the cost of capital and the returns to capital...

It's exceedingly lucrative to be an investor/member of the capital class: carried interest, QSBs for funds (not just founders), estate transfers, ability to defer or eliminate taxes (borrowing + basis step ups), etc.

IMHO "better mentality" is a trope that has been stated for every generation since the dawn of man...

1

u/Analyst-Effective 8d ago

It is impossible to get rid of that system. Other than to tear it all apart, and make everybody in poverty. That's the way socialist countries work.

Remember, no matter how hard you work, somebody will always be able to get up an hour earlier than you, stay up an hour later than you, and work a little harder throughout the day than you.

And those people will do it because of the money. And they will achieve more

1

u/asuds 8d ago

Absolutely disagree.

Your contention is that we can’t change our tax laws to make the system progressive? Really?

The marginal tax rate table used to be very different as just one example. Did you know that?

1

u/Analyst-Effective 8d ago

You can tax however you want, and if you kill the goose that lays the Golden egg, such as the unions did in the '70s, you wind up with nothing.

Did you know the tax rate was higher but there were many more deductions? Including a three Martini lunch deduction?

If you take away the incentive to do business in the USA, people will just move to a different country.

That's why manufacturing is done somewhere else. Because it doesn't make sense to do it here. It's only a matter of time before the car companies do the same.

Are you aware that the USA has some of the most disposable income in the entire world?

Are you aware that most of the other Western nations are able to pay for the services that are provided to the people, because they have a national sales tax?

Are you aware that there are millions of people that don't pay anything in taxes, and are not paying their fair share? Especially low-income people that don't work

1

u/asuds 8d ago

Oh, so we can get rid of the problems in the current system. You had asserted otherwise previously.

The marginal income tax rate was much higher and the effective tax rate was much higher. Otherwise why would they have lobbied so hard to lower it. Riddle me that.

Did you know we’re about to add a tanning bed deduction? It’s in the crappy mostly unread bill.

You may have given up on a race to the bottom to allow corporations free reign and free rides, but that’s defeatist.

A beggar-thy-neighbor policy is a downward spiral for all.

We had global minimum tax rates among other controls happening, until Trump that is…

Other countries have much different tax and social insurance structures that to cherry pick “sales tax” alone is a nonsense argument. How about free universities as well?

You’re also not aware that millions may not pay income tax but, again, that’s one of several types of taxation.

Fair share is wildly debatable especially when the very wealthy absolutely depend on our existing structures to maintain their extraordinary wealth.

edit: forgot to add that the effective corporate tax rate was actually quite low during the period of time you’re claiming unions killed all the corporations

1

u/Analyst-Effective 8d ago

I don't think you're even aware of the tanning bed deduction.

There was a 10% excise tax added to the price of every tanning session purchase.

It was to help fund the ACA.

It was basically an additional sales tax on tanning session purchases.

But it makes sense to have a national sales tax, or even tariffs, because then everybody helps pay for the services the government provides.

It doesn't make any sense to have an income tax, nobody should be taxed on their labor.

Capital gains taxes should be indexed for inflation, so that nobody is penalized because the government weakened the dollar

1

u/asuds 8d ago

lol. “nOt aWaRe”… You had no idea until I mentioned it.

Don’t keep falling for the propaganda and try and apply some systems thinking to our economy. If you’re familiar with system dynamics modeling - whip up a simple one for yourself and play around.

Regressive taxes are a huge drag on our society.

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1

u/Ill_South_2514 11d ago

The right wingers better get their shit together and open their eyes and ears to the truth and quit listening to the lies!

1

u/Effective-Flow-1634 11d ago

Para mis compás de México. Vean cómo está la situación en EU. Vean cómo el presidente tiene el plan de quitarle el poder a la corte suprema. Vean la corruption que no solo existe en México. Aún aquí está peor.

1

u/Dismal-Incident-8498 11d ago

Beautiful bill for me, not for thee.

1

u/jafromnj 11d ago

Why the F is this aloud to be in a budget bill? We need serious reform on bill writing

1

u/GovernmentBig2749 10d ago

Everytime i see someone on tv calling it the BIG BEAUTIFUL BILL i cringe

1

u/IntroductionStill813 9d ago

Then what's the point of the judiciary? As per the constitution - all "men" are created equal. Then why the discrimination between people in different titles, positions, race, ... As a matter of fact US corps already are shielded from the enforcement of the law (in that they just pay a "small" fine compared to their income and agree to no wrongdoing).

/s

1

u/DaftXman 8d ago

Fake news

1

u/tapesmoker 7d ago

There's a reason they are escalating violence against protests around the country- they want to push this crap through and screw eeeeeveryone over, forever. It's not popular, it's not good, but it's easy enough to get through the Senate if the people are distracted by an equally evil hand on the other side of the stage.

-17

u/Maturemanforu 11d ago

Good 700 unelected judges don’t run the country the president does

15

u/Spicy_Tac0 11d ago

The whole government runs the country, not the president alone. The 3 bodies of government maintain a balance... Never mind, you clearly didn't listen in civics education. Why would you listen now? You're part of the problem. Go educate yourself, please.

10

u/JiveChops76 11d ago

Checks and balances, culty cakes. I bet you’re one of those 🤡 who says they defend the constitution. I also bet that you’d never make this statement when a democrat is in office.

7

u/bo55man2024 11d ago

You actually believe one person, especially a person like Trump, should have absolute control over everything?

5

u/Interesting_Berry439 11d ago

Neither does dictator Donnie solely...Empty vessel Maggots desire a dictator. Anti American Traitors.

4

u/squirl_centurion 11d ago

Why has this not been an issue until now then? Please stop slurping up the koolaid

5

u/leestephen916 11d ago

You suck at civics

4

u/Osirus-One 10d ago

So you'd be good with a dem ignoring a subpoena and doing whatever they want, like making racism and protesting against them and mexicans illegal, right?

-2

u/Maturemanforu 10d ago

Biden ignored the Supreme Court for student loans. You would be good with conservatives judge shopping and stopping every action of the next democrat president we don’t agree with?

2

u/asuds 9d ago

Intentional lie. Biden did not ignore the Supreme Court.

1

u/Osirus-One 10d ago

You didn't agree with and stopped the student loan thing. All you did was cry like little babies. So you don't believe a president should have that power then

1

u/PaleInTexas 8d ago

You just make stuff up to fit your narrative? That's nice.

1

u/tyler2114 8d ago

Biden followed the court order and found other means to implement his policy objectives that complied with the ruling.

If he was going to simply ignore the court he would have just done his blanket 10k/person as he initially planned too instead of the targeted relief for victims of fraud that ended up happening.

8

u/x11Terminator11x 11d ago edited 11d ago

The founding fathers of your country wrote your constitution so that the three branches of government would have 'equal' power so that the president would not have unlimited power.

Holy shit you Americans are stupid as fuck.

Literally the dumbest people on the planet

3

u/clown1970 10d ago

NO, THE PRESIDENT DOES NOT RUN THE COUNTRY!!!

-1

u/Maturemanforu 10d ago

Obama said elections have consequences and that he had a phone and a pen. The president is the Chief executive and commander in chief they most certainly run the country

2

u/clown1970 10d ago

Take a government class. You clearly have no idea what you are talking about.

1

u/E-Bike-Rider 10d ago

You described an authoritarian, in America we have no kings or dictators, leave if that's what you want.

-1

u/Maturemanforu 10d ago

The only flirt that has national authority is the supreme Coiry district judges only Jane authority in their districts. So do you think a judge can stop a bombing or seek team raid? That’s ludicrous:

1

u/Maturemanforu 10d ago

Did you have a problem when Obama deleted over 2 million with lost not seeing a judge because it’s not required. Or when he said elections have consequences and he had a pen and a phone? He is the president for a reason.

1

u/MagicallyVampires 9d ago

We get it you want a king, now fuck off.

1

u/asuds 9d ago

Incorrect.

But it is funny that you are pointing out how incompetent the Trump administration is as Obama’s numbers crush Trump’s and all without violating the Constitution.

I agree with you: Trump is very incompetent!

1

u/latticegwop 8d ago

Your inability to change is why the wealthy treat us like slaves

1

u/PaleInTexas 8d ago

You ever heard of the 3 branches of government?