Erwin Chemerinsky, dean of UC Berkeley Law, criticizes a provision in a new U.S. House budget bill that would limit federal courts from enforcing contempt citations against government officials for violating court orders. He warns that this measure undermines judicial authority and prevents accountability. The provision states that appropriation funds cannot be used to enforce court orders unless security is posted, impacting previously issued orders as well. This controversial provision has raised significant legal concerns and might not pass the Senate after failing in committee.
The provision in the House's budget bill would limit federal courts' ability to hold government officials in contempt, and is described as a ‘terrible idea’ by Chemerinsky.
Security refers to a money bond imposed by federal courts to cover potential costs from an injunction, yet they rarely require it against government defendants.
Chemerinsky argues that this provision prevents compliance with court orders even for previously issued injunctions, undermining judicial authority and accountability.
The bill failed a committee vote, but it's uncertain if it will pass or how it will be received in the Senate.
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