Dear Senator Van Hollen, Senator Alsobrooks, Representatives Harris, Olszewski, Elfreth, Ivey, Hoyer, Delaney, Mfume, and Raskin:
We are writing on behalf of the 600 members of the Women’s Bar Association of Maryland.
We are witnessing a perilous time for democracy in America. Our Article III courts are under attack. As you know, our courts are essential to preserving the system of checks and balances that have historically ensured the survival of our democratic system of governance. At no time in recent history has it been more important to have a robust and independent judiciary capable of challenging the ongoing abuses of executive power.
As you are aware, hidden within the “Big Beautiful Bill” is Section 70302, a little-discussed 57-word provision that has the power to drastically impair the power of the judiciary. This provision, should it be passed into law, will unconstitutionally limit the federal judiciary’s power to enforce injunctions and temporary restraining orders. This provision intends to strip the judicial branch of an important tool that it can use to curb the unconstitutional exercise of executive power and as such undermines the vital role that the judiciary plays in protecting democracy by ensuring the system of checks and balances intended by the Founding Fathers of this country so clearly envisioned being in place.
On behalf of our members, we are writing to express our outrage over this provision and our request that you, as our representatives in Congress, act swiftly and decisively in denouncing Section 70302. As your constituents, we demand that you do everything in your power to defeat this provision of the “Big Beautiful Bill” and to be vigilant in defeating any similar provision in future legislation that comes before your chambers.
While there are many provisions of this bill that are damaging to our country – the enactment of Section 70302 will be a significant step towards undermining American democracy and crippling the ability of the judiciary to fulfill its constitutional function of curbing the dangerous expansion of executive power. The enactment of this law will be yet another step towards authoritarianism. As attorneys, we have an obligation to work to promote the rule of law and to protect legal institutions. As such, we must speak up. We, as lawyers responsible for defending and promoting our legal institutions, must fight aggressively to ensure Section 70302 never becomes law.
This is a dangerous time in the history of our American democracy, and we are relying on you, as our voices in the House and Senate, to stand up and protect the institutions that have allowed our democracy to flourish since its inception.
We are asking that you aggressively denounce this objectionable piece of legislation in its current iteration and that you be vigilant in identifying any subsequent attempts to pass such legislation designed to hamper the judiciary’s powers.
Thank you for your service to your community and to our country.