President Donald Trump’s ambitious tax and spending package, dubbed the “One Big Beautiful Bill,” is facing new setbacks as it advances through the Senate.
Over the weekend, Senate Parliamentarian Elizabeth MacDonough ruled that several key provisions in the bill violate Senate rules and must be removed. Among the rejected items was a controversial measure backed by Senate Republicans that would have made it far more difficult—and costly—for Americans to challenge the federal government in court.
The provision would have required anyone seeking an emergency court order—such as a temporary injunction—to post a bond covering all potential government costs and damages before a judge could act. Legal experts warned this could effectively block ordinary people from accessing the courts.
“These bonds could cost millions of dollars and would make it financially impossible for everyday Americans to go to court to protect their rights,” said Alicia Bannon, director of the judiciary program at NYU’s Brennan Center for Justice, in an interview with The San Francisco Chronicle.
Courts have used such emergency orders to halt or delay several of Trump’s high-profile executive actions, including efforts to deport immigrants under the Alien Enemies Act, mass layoffs of federal workers, and attempts to block Harvard University from enrolling international students.
Additional Provisions Struck Down
Another provision that didn’t survive the parliamentarian’s review would have granted states new authority over border security and immigration enforcement, roles that traditionally fall under federal jurisdiction.
These rulings come on top of other recent defeats for Senate Republicans. MacDonough previously blocked efforts in the bill to dismantle the Consumer Financial Protection Bureau and slash funding for food assistance programs.
Because Republicans are attempting to pass the sweeping legislation through budget reconciliation—a process that allows them to bypass a Democratic filibuster—they must adhere to the Byrd Rule, which prohibits non-budgetary policy items from being included. That has made the Senate Parliamentarian the gatekeeper for what stays and what gets cut from the bill.
Uncertain Path Forward
The review process, often referred to as a “Byrd bath”, is still ongoing. Senate leaders are racing to revise the bill in hopes of bringing it to a floor vote before Trump’s self-imposed July 4 deadline.
The bill narrowly passed the House of Representatives in May, but faces a more difficult path in the Senate, especially as more provisions are stripped away.
With each new ruling from the parliamentarian, the bill’s scope shrinks—and the political fight around it intensifies.
