The Big Ugly Bill would deny ordinary Americans the right to seek justice through the courts

Senate Republicans tried to write Donald Trump’s contempt for the courts into law — gutting judicial enforcement, defying the Constitution, and bulldozing the very rule of law that forms our democracy,” Schumer said in a statement. “It was nothing short of an assault on the system of checks and balances that has anchored this nation since its founding, and a brazen attempt to crown Trump king.”

- Senate Minority Leader Chuck Schumer

With an intimidated Congressional majority unwilling to stand up to even the most egregious actions by the Trump administration, it falls to the courts to protect the rights of vulnerable Americans.

A provision in the “Big Ugly Bill” would make that nearly impossible.

The provision would require anyone suing the federal government for a violation of their rights to post enormous bonds to cover any potential costs to the government before a court could issue an order that would stop that violation.

Only billionaires and massive corporations would have the means to seek justice. The right to petition the Government for a redress of grievances, enshrined in the First Amendment, would be denied to ordinary Americans.

The good news is that the Senate parliamentarian has determination that the provision violates the so-called “Byrd Rule,” which restricts the content of reconciliation legislation.  The reconciliation process protects the Big Ugly Bill from a filibuster, and the majority does not have the 60 votes required to avoid one.

Senate Majority Leader John Thune has promised not to eliminate the filibuster; on the other, he has been known to ignore the parliamentarian’s ruling.

The National Urban League is among the scores of individuals and organizations who have filed at least 300 lawsuits against the Trump administration. Federal courts have at least temporarily blocked the administration’s actions at least 198 times. But the courts would be powerless to stop even blatantly violations of the Constitutional unless the plaintiffs are outrageously wealthy.

Most of us learned in elementary school about the separation of powers. The legislative branch makes the laws. The executive branch enforces the laws. The judicial branch interprets the laws.

But the Trump administration wants all these powers for itself.  The Senate must now decide whether to abide by the oath each Senator has sworn and defend the American people from a would-be dictatorship.

Marc H. Morial is the president and Chief Executive Officer of the National Urban League, the nation’s largest civil rights organization