Oh shit – wait a minute.
After thinking about it more – heres an addendum to my previous poSt. Trumps people arent complete idiots – there is actually a backup plan to shut down this litigation explosion they accidentally created. Buried in the massive big beautiful bill currently being reworked in the Senate is a provision that would require plaintiffs to post security bonds before they can get injunctions against the government. Its a brilliantly cynical move that would essentially price most Americans out of constitutional protection.
The House version focused on limiting judges contempt powers unless plaintiffs posted bonds, but the Senate version goes further – it would prohibit courts from issuing preliminary injunctions or restraining orders against the government at all unless plaintiffs put up money to cover potential costs and damages sustained by the Federal Government. Translation: want to stop Trump from violating your constitutional rights? Better have deep pockets.
This isnt some obscure legal technicality. Were talking about potentially enormous sums that would have to be posted upfront before you can even challenge illegal government action. Think about what this means for the average person facing deportation, or a civil rights group challenging discriminatory policies. Courts wouldnt be allowed to consider whether plaintiffs can actually afford these bonds – if you cant pay, you cant play.
Trump already tried this through executive order in March, directing the Justice Department to demand bonds in all cases where agencies can show expected monetary damages. Several judges have told them to pound sand – one D.C. judge said it would defy logic to hold plaintiffs hostage with bonds when the government was allegedly withholding trillions in federal funding. But making it a statutory requirement through budget reconciliation would be much harder for courts to ignore.
The practical effect would be devastating. Constitutional violations could proceed for years while only wealthy plaintiffs or well-funded organizations could afford to challenge them. Its a pay-to-play system for constitutional rights – exactly what the founders would have wanted, Im sure.
The beauty of this strategy is that it solves Trumps litigation explosion problem while creating the appearance of fiscal responsibility. Republicans can claim theyre just protecting taxpayers from frivolous lawsuits while actually insulating presidential lawbreaking from judicial oversight. Its the kind of constitutional vandalism that sounds reasonable until you realize it makes effective legal challenges impossible for most Americans.
Whether this provision survives the Senates budget reconciliation process is unclear – the Byrd rule requires budget measures to actually relate to fiscal policy, not just constitutional sabotage disguised as cost-saving. But if it passes, Trump will have successfully transformed his strategic blunder into a system where only the wealthy can afford constitutional protection. Listen to me – this is THE TIME TO DO SOMETHING.