No. of Recommendations: 9
The one-sentence provision in the 1,100-page bill prevents federal courts, including the Supreme Court, from enforcing contempt orders unless the plaintiffs have posted a monetary bond, which rarely happens in cases against the government.
"No court of the United States may 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," the provision says. It applies retroactively.
"Security" refers to monetary bonds that can be used in private litigation when one party seeks to ask a judge to issue an injunction blocking the actions of another party, such as a company trying to prevent a rival from selling a product. If it turns out the injunction is later reversed, the bond helps cover the defendant's losses.
The provision follows a White House memo in March that directed heads of government agencies to request that plaintiffs post a bond if they are seeking an injunction against an agency policy. The Trump administration said the measure would deter frivolous lawsuits.
Of course, with the DOJ in charge of the cops, I'm wondering how the courts would enforce a contempt citation against the a meember of the Executive branch in any case.
Jeff
