A dangerous provision buried in the congressional spending bill threatens to severely weaken the power of federal courts to enforce their own orders—particularly those halting unlawful executive actions. The measure included in the House’s “One Big Beautiful Bill Act,” passed on May 22, 2025, would require plaintiffs to post bonds in order to enforce court-ordered relief. Such a requirement could make it prohibitively expensive for many to challenge unconstitutional or unlawful government actions. The provision would even apply retroactively, making hundreds of existing court orders unenforceable.
This provision is a direct attack on judicial independence and the rule of law. By restricting courts’ ability to enforce their own orders, it erodes a key safeguard for civil rights and democratic accountability. It would affect the ability of Medicare beneficiaries to vindicate their rights in court, among many other consequences.
The proposed measure demands urgent and unequivocal opposition. Congressional Democrats and leading civil rights organizations have already raised alarms. The Center for Medicare Advocacy urges the Senate to reject the provision before it can do lasting damage.
- For more information, see Just Security: A Terrible Idea
May 22, 2025 – A. Bers