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The provision would force those challenging Trump "to pay up in the form of a posted bond—something many people can't afford to do. That means only the wealthy will be able to even attempt to challenge the most powerful man in the country."
A single paragraph buried deep in a spending bill that passed the GOP-controlled House of Representatives earlier this month is causing growing concern among democracy watchdogs who warn the provision will make it so only the well-to-do would be in a good position to launch legal challenges against a Trump administration that has shown over and over again its disdain and disregard for oversight or judicial restraint of any kind.
Coming just about half-way through what President Donald Trump has dubbed the Republican Party's so-called "One Big Beautiful Bill Act"—which progressive critics point out is a giant giveaway to the nation's wealthiest at the expense of the working class and the common good—the language in question is slight, but could have far-reaching impacts.
"This is what autocrats do. Consolidate power, increase the penalty for objecting, ultimately making it more difficult—eventually impossible—to challenge them."
On Saturday, Human Rights Watch (HRW) noted in a detailed social media thread how the provision "hasn't gotten nearly enough scrutiny" from lawmakers or the public.
A recent piece by USA Today columnist Chris Brennan put it this way:
One paragraph, on pages 562 and 563 of the 1,116-page bill, raised alarms for reasons that have nothing to do with America's budget or safety-net programs or debt. That paragraph invokes a federal rule for civil court procedures, requiring anyone seeking an injunction or temporary restraining order to block an action by the Trump administration to post a financial bond.
Want to challenge Trump? Pay up, the provision said in a way that could make it financially prohibitive for Americans to contest Trump's actions in court.
HRW details how the provision, if included in the final legislation, "would make it more expensive to fight Trump's policies in court by invoking a federal rule that effectively punishes anyone willing to stand up against the administration."
Anyone seeking a legal action that would involve an injunction request against a presidential order or policy, the group said, would to face a much larger barrier because Republicans would make it so that anyone challenging Trump in court in this way would "have to pay up in the form of a posted bond—something many people can't afford to do. That means only the wealthy will be able to even attempt to challenge the most powerful man in the country."
Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, was among the first to highlight the buried provision, calling it both "unprecedented" and "terrible" in a May 19 essay in which he argued that the ultimate effect of the provision is to shield members of the administration from contempt of court orders through the extraordinary limit on those who can bring challenges in the first place. Chemerinsky writes:
By its very terms this provision is meant to limit the power of federal courts to use their contempt power. It does so by relying on a relatively rarely used provision of the Rules that govern civil cases in federal court. Rule 65(c) says that judges may issue a preliminary injunction or a temporary restraining order "only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained."
But federal courts understandably rarely require that a bond be posted by those who are restraining unconstitutional federal, state, or local government actions. Those seeking such court orders generally do not have the resources to post a bond, and insisting on it would immunize unconstitutional government conduct from judicial review. It always has been understood that courts can choose to set the bond at zero.
Given his critique, Chemerinsky argued, "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. The House and the Senate should reject this effort to limit judicial power."
Human Rights Watch appeared to agree with the profound dangers to the rule of law if the provision survives to Trump's desk for signature.
"This is yet another sign of Trump's brazen attempts to stop the judicial branch from holding him accountable," the group warned. "This is what autocrats do. Consolidate power, increase the penalty for objecting, ultimately making it more difficult—eventually impossible—to challenge them."
The imprisonment of Istanbul Mayor Ekrem İmamoğlu, the far-right president's top political rival, has unleashed a new wave of protests against increasingly autocratic rule.
International outrage and charges of "viciousness" and "outright autocracy" have followed Sunday's imprisonment of Turkey President Recep Tayyip Erdoğan's top political rival, the popular Istanbul Mayor Ekrem İmamoğlu, who is seen as Erdogan's likeliest opposition challenger in upcoming national elections.
The corruption charges levied against İmamoğlu, a member of the Republican People's Party (CHP), are seen as politically motivated and follow days of sustained protests by opposition voices opposed to Erdoğan's increasingly authoritarian rule.
Tens of thousands marched and clashed with riot police after fresh protests erupted Sunday in Istanbul and elsewhere in the country following the court's actions against İmamoğlu and on Monday, the CHP announced that nearly 15 million people, members and non-members alike, participated in national primaries to support the jailed mayor's candidacy to face off against Erdoğan in the next election.
The non-member vote of more than 13 million, "could indicate," reportsNBC News, "that İmamoğlu, 54, enjoys wide public support beyond the party faithful. The party's chairman said it showed the need for early elections."
Writing for Politico Europe, opinion editor Jamie Dettmer argues that that timing of Erdoğan's targeting of İmamoğlu has everything to do with the return of U.S. President Donald Trump to the international scene.
Erdoğan, Dettmer wrote on Saturday, "has spent years eroding democracy, stifling dissent and purging the country's army and civil service. Now, it looks as though he's chosen this geopolitical moment to bury the legacy of Mustafa Kemal Atatürk, the secular founder of the Republic of Turkey." He continued:
Erdoğan would harbor no worries as to Trump’s disapproval. The two have lavished priase on each other for years, and the Turkish leader has said he supports his American counterpart’s peace initiative in Ukraine—no doubt music to Trump’s ears.
Erdoğan isn't alone among the once embattled autocrats—and would-be autocrats—sniffing the change in the geopolitical air, and reckoning they're on the cusp of a new era, able to erase the rules and norms of old and replace them with ones more to their liking. It's influencing their behavior as they look to each other for inspiration and new ideas for running their respective countries—whether it be weaponizing policies affecting sexual minorities, scapegoating migrants, sharpening attacks on independent media, transforming public broadcasters into government mouthpieces or just closing them down.
Since his arrest on March 19, the ousted mayor has denied all charges against him and urged his supporters to continue protests in the face of the government crackdown.
"I totally believe these are bogus charges," Emre Can Erdogdu, a university student in Istanbul who attended street protests Sunday night, told the New York Times. "We entirely lost our trust in the government."
Erdogdu said he feared for the future of Turkey. "A person who could be the next president is now out of politics. It is not just about Istanbul. It is about all of Turkey."
A Turkish court jailed Istanbul Mayor Ekrem Imamoglu, President Erdogan's main rival, pending trial on corruption charges triggering the country's biggest protests in over a decade https://t.co/7P7PwrjZsi pic.twitter.com/e05k1sERXI
— Reuters (@Reuters) March 24, 2025
Özgür Özel, the CHP chair, said the imprisonment would not dampen the party's prospects, but only further ignite the growing opposition. "Starting from tomorrow morning," he said from Istanbul on Sunday evening, "we will initiate a great struggle by harnessing the power of organization and using this strength for the good sake of all of us."
He called for "all democrats and all those who care the future of Turkey" to come out in sustained protest.
According to the Hürriyet Daily News, over 1,100 people have been arrested since mass protests erupted last week over İmamoğlu's initial arrest. Criticism only grew the court on Sunday stripped him of his position and sent him to prison.
"By arresting his main political rival," said human rights advocate and scholar Kenneth Roth, "Erdoğan shows he is too fearful of losing to risk even a managed election."
Roth said Erdoğan, an ally of U.S. President Donald Trump, would rather "opt for an electoral charade" than hold free and fair elections.
Turkish protesters demand "freedom" as police fire rubber bullets and pepper spray at crowds rallying for detained Istanbul Mayor Ekrem Imamoglu.https://t.co/r7gKpPg0YJ pic.twitter.com/HqAL3Z4kay
— Sky News (@SkyNews) March 24, 2025
With Turkish officials set to visit the United States this week to visit with U.S. counterparts, world's richest man Elon Musk, who has taken a seat as a top advisor to Trump, is under fire for blocking accounts of opposition figures in Turkey on his social media platform X.
As Politicoreported over the weekend:
The majority of the suspended accounts were "university-associated activist accounts, basically sharing protest information, locations for students to go," Yusuf Can,coordinator and analyst at the Wilson Center's Middle East Program, told POLITICO. Many of these accounts are "grassroots activists" with their followings in the low tens of thousands, said Can.
Some accounts appear to be suspended only in Turkey and not in the rest of the world. Activist Ömer Faruk Aslan created a second account to avoid censorship. "Yesterday, my account was blocked by a court order because the tweets exceeded 6 million views," he posted.
Last week, Human Rights Watch said that İmamoğlu's arrest, as well as the targeting of other opposition figures, was politically motivated and an assault on the rule of law.
"Ekrem İmamoğlu and others detained should be released from police custody immediately," said Hugh Williamson, Europe and Central Asia director for the group. "The Erdoğan presidency should ensure that the results of the Istanbul municipal elections are respected and that the criminal justice system is not weaponized for political ends."
"You come for my people, you come through me," said Illinois Gov. JB Pritzker recently.
With Republicans set to control the White House and both chambers of Congress starting in January, Democratic governors on Wednesday launched an initiative aimed at protecting democracy and countering "emerging threats" from the far-right MAGA movement, pledging that state-level institutions will be safeguarded from President-elect Donald Trump and his allies.
Illinois Gov. JB Pritzker and Colorado Gov. Jared Polis are leading the initiative, called Governors Safeguarding Democracy (GSD). Democrats currently govern 23 states while Republicans are the governors of 27; Pritzker and Polis did not say on Wednesday which other governors have signed on as members of the coalition.
Pritzker toldthe Chicago Sun-Times that the coalition is "built off a model that all of us governors have already successfully pioneered through the Reproductive Freedom Alliance. And together, what we're doing is pushing back against increasing threats of autocracy and fortifying the institutions of democracy that our country and our states depend on."
The nonpartisan Reproductive Freedom Alliance was established in 2023 to counter anti-abortion rights legislation in Republican-controlled states. Alliance states have stockpiled medication abortion pills, passed "shield" laws to protect patients and providers from out-of-state efforts to criminalize abortion care, and coordinated efforts to make reproductive healthcare more affordable.
Following the election, said Polis, "protecting democracy has never been more relevant or important, and doing so demands strong leadership at the state level. Governors Safeguarding Democracy shows our shared dedication to defending the democratic principles upon which our country is built."
GSD plans to:
Pritzker told the Sun-Times that the coalition would likely focus on strengthening state-level environmental protections. On Monday, Trump announced his nomination of former Rep. Lee Zeldin (R-N.Y.) to lead the Environmental Protection Agency (EPA). Zeldin's record includes voting against clean air and water legislation, the creation of a federal climate resilience office, and to withdraw the U.S. from global climate negotiations.
He also said a plan proposed by Stephen Miller, who Trump has named as his deputy chief of policy adviser, to use red state National Guard members to complete mass deportations in blue states was "unacceptable."
"That's not something that's within Title 32 anybody would anticipate would be allowed, and we would not, certainly not cooperate with that," Pritzker told the Sun-Times, referring to the portion of the U.S. code that defines the National Guard's responsibilities. "Beyond that I can't speak to how they would intend to get that accomplished."
Pritzker pledged that the coalition "will serve as a powerful force in state-level efforts to ensure that our democracy lives up to our ideals and thrives for generations to come."
GSD was announced days after the Illinois governor issued a stark warning to the incoming Trump administration regarding plans for mass deportations and other attacks on marginalized communities: "You come for my people, you come through me."
Since the election, several Democratic governors have pledged to protect their constituents from Trump's policies, with California Gov. Gavin Newsom vowing to "Trump-proof" the state.
Newsom, said he aimed to shore up the state's disaster funds, advocate for waivers that would allow California to phase out fossil fuel-burning vehicles, and pushing for federal approval of several healthcare programs before Trump takes office.