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Photo: Michigan GOP Delegation: Top L-R- John Moolenaar, John James, Lisa McClain. Middle: L-R: Bill Huizenga, Jack Bergman, Tim Walberg. Bottom- Tom Barrett.
All seven Republican members of Congress from Michigan voted last week in favor of the “Big Beautiful Bill,” which includes a provision that would limit the power of federal judges to hold people in contempt.
The New York Times reports that the provision, slipped into the controversial domestic policy bill, could potentially shield President Trump and members of his administration from the consequences of violating court orders. The bill, which includes proposed tax cuts, spending adjustments, and policy changes, passed the House by the narrowest of margins, 215–214. It must still pass the Senate.
The bill would require judges in civil matters to set bonds to cover potential costs if an injunction is later found to be incorrect, The Times reports. The provision in the House bill would block federal judges from enforcing their contempt citations if no bond had previously been imposed.
It would apply retroactively to court orders issued before the bill's passage. That would include cases in which judges are considering holding people in the Trump administration in contempt. Democrats argue the provision would eliminate consequences if the Trump administration ignored court orders.
Currently, judges have discretion to set a bond, and in many cases, they do not. One argument against requiring bonds is that the cost might be prohibitive and prevent people from challenging the government.
No Response
Deadline Detroit reached out Tuesday and Wednesday to all seven Republican members of Congress via emails to their communications directors in Washington, asking whether they were aware of the provision and whether they supported it. None responded. All six Democratic members of Congress from Michigan voted against the bill.
The Republican members who voted in favor include Jack Bergman, John Moolenaar, John James, Bill Huizenga, Tim Walberg, Tom Barrett, and Lisa McClain.
Chris Anders, director of Policy and Government Affairs, Democracy and Technology at the ACLU, said in a statement to Deadline Detroit:
"The power to hold people in contempt is vital, and by making it harder to access the court, this bill would make it easier for parties to ignore rulings that protect constitutional rights."
"Regardless of whatever political party you're a member of, this provision makes it more difficult for those who believe their constitutional rights are under threat to fight for those rights in court."
Republicans say the new, expansive bill will reduce government spending and lower taxes for job creators and families. Democrats argue the legislation favors the wealthy at the expense of the poor and will reduce or eliminate various benefits for many people, including Medicaid recipients.
Bloomfield Hills attorney William Seikaly says the provision for the courts is a "dangerous threat to the separation of powers between the judiciary and the executive branches, tipping the balance in favor of the administration. It also tips the balance in favor of the rich."
"What do you do about people who can't afford to post a bond? What you're doing is putting a price tag on obtaining justice."
Democratic Michigan Congressman Shri Thanedar described the entire bill as a "slap in the face to working Americans," and commented on the provision addressing contempt powers.
"This isn’t just harmful policy, it’s a transparent and dangerous power grab," he said in a statement to Deadline Detroit. "Hidden in the fine print is a direct attack on our system of checks and balances. Trump is consistently trying to circumvent the Constitution, and this bill would limit the power of federal judges to hold people in contempt. This has nothing to do with our federal budget and everything to do with Trump’s desire to ignore the rule of law."
"I urge my colleagues in the Senate to reject this bill. We have an obligation to protect our constituents and the Constitution, and this does just the opposite.”
GOP Praise For Bill
Congressman Walberg, who did not respond for comment, issued a press release last week boasting of the virtues of the bill:
"Today, House Republicans passed historic legislation which delivers on President Trump's mandate to restore fiscal responsibility to Washington. Over the past few months, we have been working to deliver on the promises made to the American people and prevent the largest tax increase in American history.
"The One Big Beautiful Bill Act will prevent the average taxpayer in Michigan's 5th District from seeing a 27% tax hike, make significant investments in our communities, and implement critical policies like no tax on tips or overtime pay to support American workers. The Senate must pass this bill to codify President Trump and the American people's full agenda."
Congressman Bergman, who also did not respond for comment, said in a press release: "This landmark legislation fulfills the clear mandate voters gave to President Trump, Rep. Bergman, and the Republican Party last November: deliver bold, conservative solutions for the American people."
Michigan Democratic Congresswoman Rashida Tlaib was one of 21 Congress members who signed a a letter dated May 20 to Republican House Speaker Mike Johnson objecting to the provision weakening the judges' contempt powers.
"This is not merely a procedural concern, and this language has nothing to do with the federal budget," the letter said. "It strikes at the very core of judicial authority that is granted in our Constitution."
In a statement to Deadline Detroit on Wednesday, Tlaib remarked:
“No one should be surprised that Republicans stuck a dangerous provision in the budget bill to protect and empower this fascist Trump Administration."
"They are already arresting judges and defying judicial rulings. They are currently refusing to return a wrongfully deported man despite a unanimous Supreme Court decision. This provision is another blatant attempt by Republicans to dismantle the separation of powers, undermine the courts, and avoid judicial oversight of this Administration.”
Michigan Congresswoman Hillary Scholten said in a statement:
“The foundations of our democracy rest on our three branches of government being co-equal. As a former DOJ attorney, I know that undermining judicial authority, by limiting contempt authority, disrupts that balance.
"It gives unequal, unprecedented, and unconstitutional power to the executive branch, and this is one of the many reasons I voted no on this harmful bill. Republicans have no justification for voting for this. Either they did not know it was in the bill–as I've heard some claim–which is irresponsible, or they did and knowingly enabled the President to defy a co-equal branch of government.”
