To Be Equal: 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”—the budget reconciliation bill currently pending in the Senate—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.
That means the provision is likely to be struck from the bill before the Senate begins debate next week. Senate Majority Leader John Thune has promised not to eliminate the filibuster; on the other [hand], 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.
—June 27, 2025
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ChildWatch: KIDS Count
Following the Facts on Child Well-Being
Earlier this month, the Annie E. Casey Foundation released its 2025 edition of the KIDS COUNT® Data Book, an annual resource that measures national and state data on economic well-being, education, health, and family and community factors. As they sum up their latest findings: “This year’s trends paint a complex picture: steady progress in some areas, setbacks in others and persistent
opportunities to do better for kids and their families. Since 2019, seven of the 16 key indicators have improved, six have worsened and three have not changed.” Among the troubling results, “the number of teenagers disconnected from school or work has risen sharply, academic outcomes are still worse than before the COVID-19 pandemic, and, most concerning, more young people are dying.”
As members of Congress continue to debate their spending—and slashing—priorities for the federal budget, and as Children’s Defense Fund continues to urge Senators to reject proposed cuts to critical health, nutrition, and financial stability programs, this is among the many kinds of data that could help Congress determine what choices children, young people, and families in their states need them to make. Our nation should embrace every opportunity to lift up what is working and what remains necessary in order for children and families to thrive.
One of the report’s features is its breakdown of indicators by state, ultimately giving each state a ranking: “Where a child lives continues to matter deeply, with stark geographic disparities shaped by local and state policies, economic conditions, community investment and infrastructure. This year’s Data Book highlights these patterns clearly: States facing the biggest challenges are largely in the South and Southwest—Alabama, Arizona, Arkansas, Louisiana, Mississippi, Nevada, New Mexico, Oklahoma, Texas and West Virginia. In contrast, many Northeast and Midwest states rank near the top—Connecticut, Iowa, Massachusetts, Minnesota, Nebraska, New Hampshire, New Jersey, North Dakota and Vermont. Utah also stands out as a strong performer.” This year, New Hampshire, Vermont, and Massachusetts ranked first, second and third for overall child well-being, and Mississippi, Louisiana, and New Mexico ranked 48th, 49th, and 50th.
Where does your own state fall in studies like this, and where do your state’s elected officials stand right now on the budget choices that matter most to children and families in your community? Strategic investments in basic needs programs like Medicaid and the Children’s Health Insurance Program (CHIP), the Supplemental Nutrition Assistance Program (SNAP), the Child Tax Credit, and the Social Services Block Grant are more than optional line items on a spreadsheet; they are essential, proven tools that help families stay afloat and help children and young people thrive as they grow into healthy, productive adults. There are many ways to tally the facts on how much “kids count” in our nation. Choosing children over corporations should be a test too simple to flunk.
—June 27, 2025
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Come back next week to read from Ben Jealous, Executive Director of Sierra Club!
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