Action 121 Disarming the Courts
Flash update: the Big Ugly Bill squeaked by the House at 6:54 this morning, 215 YEA and 214 NAY. Golden and Pingree voted NAY.
Background: IF we allow the Big Ugly Bill to pass, no federal court will be able to enforce a contempt citation against the corrupt Trump administration, because another evil provision hidden in the bill deprives the federal courts of the ability to use federal funding for enforcement of their rulings. (1) According to law professor Erwin Chemerinsky, this provision would eliminate any restraint on Trump:
“Without the contempt power, judicial orders are meaningless and can be ignored. There is no way to understand this except as a way to keep the Trump administration from being restrained when it violates the Constitution or otherwise breaks the law. …This would be a stunning restriction on the power of the federal courts. The Supreme Court has long recognized that the contempt power is integral to the authority of the federal courts. Without the ability to enforce judicial orders, they are rendered mere advisory opinions which parties are free to disregard.” (2)
Neutering the Judiciary is a feature of an authoritarian coup. (3) It is accomplished by depriving the Judiciary of the resources necessary to defend the Constitution; packing the courts with fierce loyalists (see Action 116); arresting judges on Trumped-up charges (the pun is incidental but appropriate); defaming and insulting judges; and siccing the “brownshirts” (4) against judges, plaintiffs’ attorneys, and their families. All of this is happening in front of our eyes, if we just connect the dots.
Action: We now have yet another reason to implore our legislators to vote against the Big Ugly Bill. In addition to contacting them, write letters to the editor, attend the “Call Out Collins” rally May 31 in Bangor (details here), attend the June 14 “NO KINGS” rally nearest you, put up signs, talk to your friends, family, neighbors and reasonable Republicans. We do not have to put up with this like sheep being led to the slaughter. Remember, email through the portal is more effective than phone calls, and your own words and stories are the most impactful. And one subject or issue per contact.
Contact:
Senator Susan Collins: Email: www.collins.senate.gov/contact/email-senator-collins/form
Phone: (202) 224-2523 (DC office), (207) 945-0417 (Bangor office)
Senator Angus King: Email www.king.senate.gov/contact
Phone: (202) 224-5344 (DC office), (207) 945-8000 (Bangor office)
Representative Jared Golden: Email: golden.house.gov/contact
Phone: (202) 224-3121 (DC office), (207) 249-7400 (Bangor office)
Representative Chellie Pingree: Email: https://pingree.house.gov/contact/
Phone: (202) 225-6116 (DC office), (207) 774-5019 (Portland office)
Urgency: ASAP. Take a look at the schedule chart on the next page.
Extra Credit:
(1) In case you didn’t know, the judiciary is funded by Congressional appropriations. The evil language reads “No court of the United States may use appropriated funds to 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….” In this context, “security” means a bond, which costs money. Plaintiffs who need the injunction or TRO (e.g. to protect themselves from harm caused by ICE) obviously can’t afford cash to backstop the rulings of judges who are trying to get the administration to comply with their orders!
(2) Quoted in Robert Reich substack May 22: https://robertreich.substack.com/p/the-hidden-provision-in-the-big-ugly?
(3) https://lucid.substack.com/p/arresting-judges-the-trump-administration
