WASHINGTON, D.C. (June 20, 2025) – A coalition of public interest organizations today, led by Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF), warned Senators about the far-reaching effects of a provision in the Senate Judiciary Committee’s reconciliation language (Subtitle B, Section 203 of H.R. 1, the One Big Beautiful Bill Act) that would require courts to impose financial bonds before issuing temporary restraining orders or preliminary injunctions against the federal government. A copy of the letter released today is available here.
“This proposal would effectively price most Americans out of their constitutional rights,” the coalition wrote. “It threatens to shut the courthouse doors to nonprofits, small businesses, and individuals unable to post potentially millions – or even billions – of dollars in bond just to stop government overreach.”
The provision would apply even when courts agree that plaintiffs are likely to prevail and face irreparable harm. As Arizona Supreme Court Justice Clint Bolick warned, such a mandate “could prevent many or even most such lawsuits from being filed in the first place,” and would force people to “accept violations of their rights rather than seek legal redress.”
The coalition stressed that the provision isn’t about ideology, it’s about access:
“It doesn’t matter what your cause is or whether you’re right – what matters is whether you can pay. That’s not justice. That’s a barrier to accountability.”
Temporary restraining orders and preliminary injunctions are often the only tools available to stop unconstitutional government actions before lasting damage is done. Conditioning them on wealth, the coalition warns, would leave Americans defenseless in the face of unlawful government action.
“This is not reform – it’s a rigged system where only the wealthy can protect their rights. Congress must reject this provision and preserve equal access to justice for all.”
The coalition includes: Firearms Policy Coalition, FPC Action Foundation, Institute for Justice, Center for Individual Rights, Goldwater Institute, Pelican Institute, Wisconsin Institute for Law & Liberty, New Civil Liberties Alliance, Liberty Justice Center, Society for the Rule of Law Institute, 1851 Center for Constitutional Law, TechFreedom, Independence Institute, FIRE, Southeastern Legal Foundation, Mountain States Legal Foundation, Young Americans for Liberty, Upper Midwest Law Center, NetChoice, Defense of Freedom Institute, Advancing American Freedom, Landmark Legal Foundation, NC Institute for Constitutional Law, Citizen Action Defense Fund, and the Buckeye Institute.
About the Organizations
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, follow FPC on X (Twitter), Instagram, and Facebook.
FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to FPC Action Foundation here.
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