From the National Indivisible newsletter dated May 30th:

Donald Trump is a lawless menace trying to disregard the constitution and grab king-like power, and this "No Contempt Clause" is a serious escalation requiring a strong and immediate response. But it is NOT a permanent end to judiciary checks and balances.

And yes -- we can stop it.

What does the provision really do?

The No Contempt Clause limits courts' authority to hold government officials in contempt when they violate a court order. But this next part is really important:

It does NOT fully eliminate contempt authority -- not even close. In fact, the clause leaves a simple workaround in place that judges will likely use to hold the administration accountable in future cases.

Let's unpack that. To start, here's the exact text of the provision:

Here's what the provision means in plain English...

In civil and criminal cases, judges sometimes require parties to post money called "bond" -- or "security," in the bill text above -- to help ensure litigants follow court rulings. But in cases involving the federal government, a bond is rarely required.

There are already dozens of court orders against the Trump administration in cases with no bond; House Republicans' sneaky provision aims to retroactively defang those rulings by saying judges can't enforce contempt of court unless that "security" is in place! The orders would still exist, but judges would have no means to enforce them.

If the No Contempt Clause becomes law, it'll cause chaos for our courts and country -- not just by (temporarily) freeing Trump from legal restraints, but by upending decades of key judicial rulings.

Dozens of injunctions against the Trump administration -- including rulings protecting Birthright Citizenship, combating unlawful deportations, and restoring funds targeted by DOGE -- would become temporarily unenforceable under this provision. And that's only part of the issue.

Thousands of other cases that have nothing to do with Trump would also be caught up in this reckless attack on the courts! Even decades-old landmark rulings relating to civil rights, voting rights, and gun control could become effectively powerless.

Republicans probably didn't intend the provision to be SO broad that it undermines thousands of cases, but, well, they wrote this thing and rammed it through in the dark of night, without understanding the repercussions.

But even if the No Contempt Clause passes, judges will still have the power to hold government officials accountable.

The requirement to secure a bond would create an extra step -- but not an insurmountable barrier -- for judges to charge officials with contempt of court. As Democracy Docket explains, "judges presiding over Trump-related lawsuits would still have the discretion to significantly minimize the bond amount -- potentially to just $1 -- when reissuing orders."

In other words, judges hearing future cases could nullify the No Contempt Clause by requiring a token bond virtually any litigants can afford, and judges on currently active cases may be able to reissue recent orders to do the same.

To sum things up, the No Contempt Clause would unleash legal chaos by rendering thousands of existing rulings unenforceable -- all to make it harder, but by no means impossible, to hold Trump and his officials in contempt.

It may not be the democracy-threatening masterstroke that some initially feared, but it's still a reckless, anti-democratic ploy that needs to be stopped. And luckily, we have time left to stop it See "No Contempt Clause-Reconciliation Bill" Under our website Take Action section.

Even if the No Contempt Clause does manage to squeak through Congress and onto Trump's desk, it could be met with swift legal challenges once it's passed.

In short, this isn't a done deal. Far from it. See "No Contempt Clause-Reconciliation Bill" in our Take Action Section for more on this subject.