3w ago

The “One Big Beautiful Bill Act” bill includes provision that would ban judicial system from enforcing contempt orders against court violations

www.newsweek.com 'Hidden' provision in Trump's big bill could disarm US Supreme Court

The provision would bar courts from enforcing contempt citations for violations of injunctions or temporary restraining orders unless a bond has been paid.

cross-posted from: https://hexbear.net/post/5013999

Don't worry, Steiner will make sure it won't pass in the Senate.

politics @lemmy.world

'Hidden' provision in Trump's big bill could disarm US Supreme Court

www.newsweek.com /hidden-provision-trump-bill-court-2075769

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politics @lemmy.world

'Hidden' provision in Trump's big bill could disarm US Supreme Court

www.newsweek.com /hidden-provision-trump-bill-court-2075769

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8 comments

So the bill contains a bunch of unconstitutional stuff, does the whole bill/law die in court, or just the parts that are unconstitutional?
- Just the unconstitutional parts. And the text stays on the books, just with a citation to the court case that says they're unconstitutional.
  When the courts strike down a law, they have an obligation to keep as much of it intact as possible.
  Example: Affordable Care Act. The individual mandate was eliminated, but the marketplace, subsidies, medicaid expansion, and the preventive care stuff stayed in place.
  
  I thought this was an option. But it is strange that we don’t have “line item veto” in the executive branch, but we evidently have it in the judicial branch.
  
  That's because the court has to (allegedly) explain its justification for the opinion and ruling and it is supposed to be able to make sense to anyone reading it.
  Alito's Dobbs opinion shows that regarding is our current Federalist Society jurists, none of them Cardinal Richelieu, they.
  For any court below SCOTUS there's procedure to challenge someone's dumb opinion, and in the case of the US Supreme Court, they get an exception by fiat (and no one has been able to successfully legislate new regulations).
  If we taught this stuff in school, we could say it's something for future generations to fix, but we don't even do that.
  The president, by comparison, is not required to justify vetoes, and can veto something by pure whim. We've already seen how line-item vetoes are dangerous when the executive is ideologically biased against a bill's intent.
  But yes, SCOTUS has an unbalanced level of power because it's presumed to be governed by reason, not ideology and bribery.
  
  Very cool explanation. Thank you!!

8 comments