League Urges Senators to Maintain Checks and Balances in the Reconciliation Bill

June 6, 2025

Re: Enforcement of Preliminary Injunctions and Temporary Restraining Orders in Federal Courts

Dear Senator Grassley and Ranking Member Durbin:

The League of Women Voters (the League) has grave concerns about a provision included in the recently passed HR1, the One Big Beautiful Bill Act, which is now under consideration by the US Senate. The provision in question, section 70302, would remove critical power from federal courts, stripping them of their enforcement ability, which violates separation of powers. 

Our federal courts and judges must recognize and protect the civil rights of all people. This means they must have available remedies to ensure compliance with the Constitution and our nation’s laws. Federal courts must have the ability to hold parties before them, including government officials, in contempt when they violate court orders. Now, more than ever, our courts are acting as a necessary check and balance on the executive branch as is outlined in the US Constitution. Now is not the time for Congress to strip another branch of government of its constitutional authority.

Further, preventing federal courts from using their inherent enforcement power for failure to comply with an injunction or temporary restraining order (TRO) unless the plaintiff posts exorbitant bonds would be extremely harmful. Courts have broad discretion to determine whether a plaintiff should post a bond; they should continue to hold this discretion. HR1’s provision would apply to any and all injunctions or TROs, including retroactively, if no bond was provided. Retroactively applying this provision to past injunctions is unconscionable. 

Finally, this provision in the bill would also make it difficult for plaintiffs to challenge unconstitutional or unlawful actions unless they could provide a bond, which would pose an unreasonable burden on individuals and entities seeking remedies for violation of their rights. This provision is contrary to civil rights laws and policies that seek to encourage plaintiffs to file litigation to remedy violations of their rights in federal court. 

The League of Women Voters has declared that the US is in a constitutional crisis, in part due to several illegal and unconstitutional actions the executive branch has taken in the last few months that have been temporarily or permanently blocked after parties filed litigation in federal court. This is how our system of checks and balances is supposed to work. It is the duty of the judicial branch to ensure that the other two branches of government are not overstepping the powers given to them in the Constitution. Additionally, suggestions that the executive branch should and could fail to comply with a court order, and there have been attempts to do so already, are alarming and undermine the basic tenets of the rule of law.

The League believes that all powers of the US government should be exercised within the constitutional framework of a balance among the three branches of government: legislative, executive, and judicial. Section 70302 fundamentally weakens the judicial branch of government and strips its access to a tool necessary to exert their check in America’s system of government. 

On behalf of the League, I urge you to strip Section 70302 from the Senate reconciliation bill. It is not related to funding, taxes, or revenues, and it should not be included in this legislation. The League also has concerns with similar legislation that is moving through your committee. For questions, please feel free to reach out to Jessica Jones Capparell, Director of Government Affairs, at [email protected] 

Sincerely,

Celina Stewart, CEO
League of Women Voters of the United States

Holly Oppelt, Co-President
League of Women Voters of Iowa

Terese Grant, Co-President
League of Women Voters of Iowa

Becky Simon, President
League of Women Voters of Illinois