UPDATE: "One Big Beautiful Bill" Cleared the House But What Will Survive the Senate?

This bill is far from a done deal. Call your senators now.

For our overburdened readers who are up to their necks with political commentary and just want a quick update, here’s your brief recap of the budget reconciliation bill:

TL;DR: What Just Happened

• Passed by razor-thin margin (215–214), with two GOP defections citing deficit concerns. Another GOP member slept through the vote.

• The silencer tax repeal is gone from the final bill.

• The sale of public land was removed.

• The AI regulation moratorium is still in place, shielding Big Tech from state oversight.

• Senate up next, where the Byrd Rule could gut major provisions.

• Judiciary in the crosshairs: a buried clause could cripple federal courts.

Keep reading for a more in-depth look and links to further context.

What Stayed, What Got Cut

Among the many troubling items included in the bill, only two were removed to win over some votes due to outcry over the proposed removal of the gun silencer tax and the sale of public lands.

See our recent report detailing the silencer tax here:

Trump 2.0’s Quiet War on Gun Safety

Still in place are all of the gifts to the wealthiest and corporations, and all of the pain for everyone else.

Next Stop: The Senate, and the Byrd Rule's Buzzsaw

The “Big Beautiful Bill” moves to the Senate next, and the likelihood of passage as-is is nearly nonexistent. A large part of the issue is all of those weird little non-budgetary items embedded in the bill because of a Senate Rule called the Byrd Rule.

According to that rule, reconciliation bills must stick to budget-related items. If a provision doesn’t directly affect federal spending or revenue, it can be struck under the Byrd Rule.

Therefore, these items are likely to be struck:

• The AI regulation moratorium

• The gender-affirming care bans

• The circuit court enforcement restrictions

So why did the House, which definitely knows about this Senate rule, include them at all?

Political theater and leverage. House Republicans can say they fought for conservative goals, even if the Senate strips them out. It’s a messaging win and a bargaining chip rolled into one.

We reported recently on the AI regulation moratorium provision. Learn more here:

Silencing the States: How Congress Is Handing AI a Free Pass

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Two Tax Codes, One Agenda

Unfortunately, the Byrd Rule won’t block the tax provisions, which have a clear theme: permanent tax cuts for the rich and temporary help for everyone else.

The bill locks in the Trump-era tax structure:

• Keeps the top income tax rate at 37%.

• Preserves estate tax exemptions for ultra-wealthy families.

• Maintains the 21% corporate tax rate.

Meanwhile, the expanded Child Tax Credit:

• Expires in 2028

• Isn’t fully refundable, so many low-income families see limited benefit.

Meanwhile, the House did throw a bone to the working class. Sort of. After the Senate unanimously (!) passed a bill regarding taxes on tips, the House inserted a similar provision into the budget bill. Interestingly, it includes a cap on those earning more than $160,000 annually, a salary only the most high-end tipped workers, if any, could ever hope to reach.

This is not economic policy. It’s class prioritization.

See our recent reporting on the budget, deficit, and economic policy here:

Debt, Downgrades, and Deception: The GOP’s Manufactured Fiscal Crisis

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The Big Story: How This Bill Silences the Courts

As we noted earlier, we have previously covered some of the strange provisions embedded within the bill. However, there is more. Even if the Senate rule knocks it out of the budget bill, it is noteworthy for all of the wrong reasons.

Buried in legalese and overshadowed by tax headlines, the bill includes a seemingly minor clause with massive consequences: it prevents federal courts from using appropriated funds to enforce their own rulings, unless the party seeking enforcement posts a financial bond.

Let’s break down what this really means:

What It Does

• If a federal judge issues an injunction or temporary restraining order—say, to halt an unlawful deportation, protect voting access, or stop environmental destruction—that order becomes unenforceable unless the plaintiff posted a bond at the time of issuance.

• This restriction applies even if the judge finds the government in contempt of court.

Who Posts Bonds? Not Public Interest Plaintiffs.

• Civil rights organizations, immigrant advocates, environmental watchdogs, and other public interest groups rarely post bonds. Courts traditionally waive them to avoid silencing justice for the poor.

• Under this provision, those waivers are effectively nullified. No bond, no enforcement.

What’s the Real Impact?

• Federal agencies and officials could ignore court orders with near impunity, especially in urgent, high-stakes cases where plaintiffs can’t afford to pay.

• The judiciary becomes symbolic, issuing orders that carry no actual legal weight unless backed by cash.

• This undermines a core function of the judicial branch: holding the government accountable.

Dean of Berkeley Law, Erwin Chemerinsky, called it a direct attack on the separation of powers and “an attempt to render the courts impotent in checking executive abuses.”

Why This Was Hidden in a Budget Bill

Because the provision technically limits how federal funds can be used, it qualifies for inclusion in a budget reconciliation bill. That’s a legal loophole, not a legitimate policy rationale. The Byrd Rule may block it, but there is no guarantee.

This isn’t fiscal reform. It’s structural sabotage.

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Final Word

The media focuses on tax cuts and Medicaid, but the real power shift is deeper: a structural move to disable courts, silence dissent, and centralize control.

We’ll be watching the Senate’s next move, where this bill may fracture, or mutate.

Let us know: Which provision worries you most?
Please share your thoughts in the comments or forward this to someone who needs to understand what’s really at stake.

Ready to act?

Take Action: Don't Let Them Silence the Courts

This bill isn’t just about taxes. It’s also about whether our courts can still hold power to account.

If you're alarmed by the provision that would block courts from enforcing their own orders unless plaintiffs post a bond, make your voice heard before the Senate takes up the bill.

Call the U.S. Capitol Switchboard: (202) 224-3121
Ask to be connected to your Senator's office.

Sample script:

"Hi, my name is [Your Name], and I’m a constituent from [Your City, State]. I’m calling to express my deep concern about the judicial enforcement clause in the budget bill passed by the House. This provision would weaken the federal courts’ ability to enforce rulings and undermines the separation of powers. I urge the Senator to vote against this provision and ensure it is stripped in the Senate version of the bill."

Contact Your Local Senate Office

Find your senators’ local offices here and reach out by phone, email, or in person.

Why? Constituents have the most power when they speak locally and directly.

Write or Email Your Senator

Send a brief but clear email or letter stating:

• You oppose the court enforcement provision

• You support preserving judicial independence

• You’re watching how they vote, and will remember in 2026

Spread the Word

• Share this post on social media.

• Tag your senators and demand they stand for an independent judiciary.

• Forward this newsletter to three friends or colleagues.

Bibliography:

• "House Republicans Pass Trump's Big Bill of Tax Breaks and Program Cuts After All-Night Session." AP News, May 22, 2025.

• ”Pro-AI, Pro-Pollution, Pro-Surveillance: What You Should Know About Trump's Budget." The Verge, May 22, 2025.

• "A Bid to Bar States from Regulating AI Is Getting Pushback." The Washington Post, May 22, 2025.

• "'Hidden' Provision in Trump's Big Bill Could Disarm US Supreme Court." Newsweek, May 22, 2025.

• "Proposal to Limit Courts' Contempt Power, Part of Spending Bill, Is 'Terrible Idea,' Chemerinsky Says." ABA Journal, May 21, 2025.

• "US Republican Budget Proposal Has Removal of Gun Silencer Tax in Its Sights." Reuters, May 14, 2025.

• "House Republicans Pass ‘Big, Beautiful Bill’ After Weeks of Division." Politico, May 22, 2025.

• "House Passes Trump's 'Big, Beautiful Bill' in Razor-Thin Vote After All-Night Session." CBS News, May 22, 2025.

• "US House Passes Trump's 'Big, Beautiful' Tax and Spending Bill." BBC News, May 22, 2025.

• "Hidden Provision in Trump's 'Big, Beautiful Bill' Might Undermine US Supreme Court Authority." The Economic Times, May 22, 2025.

• "Trump Gets Huge Boost as GOP Slips New Court Rules into Budget." Yahoo News, May 22, 2025.

• "Republicans Sneak Terrifying Gun Law Change into Trump's Budget." The New Republic, May 22, 2025.

• "House Passes H.R. 1 to Remove Suppressors from the NFA." Gun Owners of America, May 22, 2025.

• "ASA Lauds House Passage of the One Big Beautiful Bill, Including Removal of Suppressors from NFA." American Suppressor Association, May 22, 2025.

• "US House Passes 10-Year Moratorium on State AI Laws." Tech Policy Press, May 22, 2025.

• "Trump's Budget Bill Would Kill State-Level AI Regulations." The Register, May 20, 2025.

• "GOP Aims at Contempt of Court in House Reconciliation Text." Roll Call, May 5, 2025.

• "Senate Likely to Change House-Passed Megabill Advancing Trump's Agenda." ABC News, May 22, 2025.

• "NCSL Call to Action: House Reconciliation Bill Concerns on AI, Select Provisions." National Conference of State Legislatures, May 21, 2025.

• "One Big Beautiful Bill Act." Wikipedia, May 22, 2025.