In two previous posts, I critiqued a dangerous provision of the Senate version of Trump's "Big Beautiful Bill," which - if enacted - would severely undermine judicial protection against unconstitutional federal government actions (see here and here). In the process, I highlighted critiques by Arizona Supreme Court Justice Clint Bolick, and a coalition of conservative and libertarian public interest groups, led by the Firearms Policy Coalition. The provision would require litigants seeking preliminary injunctions against illegal federal government actions to post potentially enormous bonds.
Fortunately, the Senate parliamentarian has now ruled that this provision cannot be enacted as part of a reconciliation bill exempt from Senate filibuster rules:
