Senate Republicans are pushing a controversial measure to limit judges’ power through a provision tucked inside Donald Trump’s massive tax-and-spending proposal, known as the “One Big Beautiful Bill.” The provision would make it significantly harder for federal judges to block government actions by requiring challengers to post large financial bonds before an injunction can be granted. Critics argue this would severely weaken judicial oversight and discourage legal challenges by increasing the cost and risk for plaintiffs. Democrats and legal experts are calling it a direct threat to the separation of powers. Whether the measure survives depends on Senate rules and political pushback, as opponents prepare to challenge its inclusion under budget reconciliation rules.

 

• Weakens judicial oversight: Nationwide injunctions — where courts block federal policies across the entire country — have previously stalled key executive actions. Critics argue these new measures would severely undermine the courts’ ability to act swiftly

• Shifts cost onto challengers: By forcing plaintiffs to post bonds, the burden and risk increase dramatically, deterring legal challenges

• Challenged under reconciliation rules: As part of a reconciliation bill intended for budget-related actions, the provision must align with strict Senate rules (Byrd Rule). Some senators doubt this clause will qualify

• Strong Democratic opposition: Senator Dick Durbin and other Democrats warn the move threatens the separation of powers and undermines lawful executive oversight