The looming showdown over the judiciary’s power to issue contempt orders stems from a single sentence tucked into the thousand-page budget bill, which passed the House of Representatives by a single vote on Thursday.

  • phdepressed
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    2 days ago

    “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 procedure 65©, whether issued prior to, on, or subsequent to the date of enactment of this section.”

    65c governs some civil cases, wherein the judge can only issue an injunction or temporary restraining order if the part asking for the injunction gives security in an amount that the court considers proper to pay costs and damages sustained by any party found to have been wrongly enjoined or restrained.