Gregg Nunziata and Trevor Potter Urge Senate to Reject Provision Undermining Judicial Authority
Today, Executive Director Gregg Nunziata and Trevor Potter, President of the Campaign Legal Center, sent a joint letter to Senate Majority Leader John Thune and Senate Minority Leader Chuck Schumer expressing strong opposition to Section 70302 of the One Big Beautiful Bill Act, the budget reconciliation package recently passed by the House of Representatives. The letter was also sent to all U.S. Senators.
Section 70302 states:
No court of the United States may enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued pursuant to Federal Rule of Civil Procedure 65(c), whether issued prior to, on, or subsequent to the date of enactment of this section.
Nunziata and Potter argue Section 70302 would severely limit the ability of federal courts to enforce their rulings by restricting their authority to hold government officials in contempt when they defy judicial orders. If enacted, the provision would represent a serious erosion of judicial power and a direct threat to the constitutional system of checks and balances.
In their letter, they also provide context and discuss the broader implications of the provision:
On March 11, 2025, President Trump issued a memorandum on ‘Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c),’ directing government lawyers to demand that parties seeking injunctions against the federal government cover the costs and damages if the government is ultimately found to have been wrongfully enjoined. By its own terms, this policy aims to deter what the president calls ‘frivolous litigation’ and ‘wrongly issued preliminary relief by activist judges.’
While such a memorandum carries no legal weight, it reflects a broader campaign to insulate the executive branch from judicial scrutiny. The Trump administration has already been enjoined at least 186 times—and has responded by resisting compliance and targeting judges with intimidation. Seen in this context, Section 70302 is part of a sustained effort to undermine judicial authority.
They conclude:
Section 70302 represents a congressional assault on the independence and authority of the judiciary. If allowed to stand, it would cause lasting damage to our system of checks and balances. No government official—including the president—should be permitted to ignore court rulings that declare their actions illegal or unconstitutional. That principle is the foundation of the rule of law.
For these reasons, we strongly urge every Senator to oppose Sec. 70302 of H.R. 1. As the Senate considers this legislation in the days ahead, this provision must be removed, or the entire package must be defeated.