FPC Raises Alarm on 1984-Style Amendment to Big Beautiful Bill

The Firearms Policy Coalition is leading a coalition of interest groups in addressing dangerous provisions added to the Big Beautiful Bill. The measure would make suing the government nearly impossible.

FPC along with 24 other public interest organizations have sent a letter to Senators John Thune and Chuck Schumer. The letter addresses language that was added to H.R. 1, the Big Beautiful Bill, by the Senate Judiciary Committee. Section 203 of Subtitle B adds a provision that those seeking a preliminary injunction or temporary restraining order against a federal law, petitioners must post a bond “in an amount proper to pay the costs and damages sustained by the Federal Government.”

In the June 20, 2025  letter, FPC says that the “proposal would effectively price most Americans out of their constitutional rights.” They further observe that the provision “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.”

This kind of requirement needing to be met would essentially tax out any destitute petitioner–the most vulnerable in society–that’s also probably most in need of immediate relief. The judicial system works with the scales of justice, not the scales of the moneychanger. The blatant unconstitutional nature of this language is insulting to all Americans, regardless of political leaning.

“This is not legal reform. This is a financial blockade on constitutional accountability. It rigs the system in favor of unchecked federal power, and it sends a chilling message: unless you’re wealthy, don’t bother trying to protect your rights,” FPC further asserts in the letter. “If this provision is enacted, it won’t matter what political party is in power: its impact will be felt by everyone. Whether the issue is freedom of speech, religious liberty, due process, or any other fundamental freedom, this kind of legal barrier puts them all at risk in a “heads I win, tails you lose” framework—with the federal government on top.”

While FPC getting involved in this matter is not directly tied to the Second Amendment, should this language be allowed to pass, it will affect the Coalition’s ability to sue the federal government. Cody Wisniewski, the president of FPC Action Foundation, said in an interview that both organizations, FPC and FPCAF, are single issue organizations: “maximal human liberty.”

“If you look at our mission statement, if you look at our shared mission statement at FPC Action Foundation, our focus is maximal human liberty. Today, that means gun rights,” Wisniewski told Cam in April. “Firearms are kind of the microcosm of the macrocosm. If you can do this to gun rights, to the natural right to self-defense, then down the road, what else are you able to do when it comes to speech? And when it comes to privacy? And when it comes to, you know, trials? And everything else…and so while we are focused on and experts in gun rights and those issues, we care a lot about all constitutionally protected rights, all natural rights.”

FPC taking the lead on this charge is commendable and necessary. If this provision ends up in the enacted version of this law, litigation efforts will become completely nurtured. It would cause the hobbling of all but the rich from being able to seek remedy from injury inflicted by the government. We’ll be watching the progression of how this suggested language is handled and certainly be reporting back with the most up-to-date developments.

According to FPC, 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.