Before 1 January 2026, will the US Senate pass "reconciliation" legislation that includes a provision that would prevent courts from enforcing contempt citations for failure to comply with an injunction or temporary restraining order under specific circumstances?
Closing Jan 01, 2026 08:01AM UTC
On 22 May 2025, the US House of Representatives passed the "One Big Beautiful Bill Act" as part of a budgetary process known as reconciliation that exempts it from being subject to a filibuster in the Senate (Politico, Bipartisan Policy Center). Reconciliation is constrained by what is known as the Byrd Rule, which limits, among other things, "extraneous" provisions (Economic Policy Innovation Center). Included in that bill is a provision that would prohibit federal courts from enforcing "a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction" under certain circumstances (Congress.gov - H.R.1 One Big Beautiful Bill Act, see SEC. 70302, Yahoo [USA Today]). Whether the prohibition complies with the Byrd Rule is a matter of debate (Politico). Any legislation passed by the Senate outside of the reconciliation process is immaterial. The provision need not be permanent to count.
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