ENSURING ACCOUNTABILITY IN FEDERAL COURTS: Today, President Donald J. Trump signed a memorandum directing federal agencies to enforce a rule mandating financial guarantees from parties requesting injunctions. This ensures coverage of potential costs or losses if the court later deems an injunction wrongly issued.
- The memorandum instructs agency heads, in consultation with the Attorney General, to request under Federal Rule of Civil Procedure 65(c) that federal courts require plaintiffs post security equal to the federal government’s potential costs and damages from a wrongly issued preliminary injunction or temporary restraining order.
- Security refers to a financial guarantee compensating the government for losses if an injunction is later found unjustified.
- This applies to all lawsuits seeking preliminary injunctions or temporary restraining orders where the government can demonstrate monetary harm from the requested relief.
- Agencies must justify security amounts based on reasoned assessments of harm, ensuring courts deny or dissolve injunctions if plaintiffs fail to pay up, absent good cause.
STOPPING JUDICIAL OVERREACH AND FRIVOLOUS LAWSUITS: By issuing this memorandum, President Trump is ensuring the democratic process remains intact by curbing activist judges and holding litigants accountable.
- Unelected district judges have issued sweeping injunctions beyond their authority, inserting themselves into executive policymaking and stalling policies voters supported.
- Activist groups file meritless suits for fundraising and political gain, facing no consequences when they lose, while taxpayers bear the costs and delays.
- The Justice Department is forced to divert resources from public safety to fight these frivolous cases, weakening effective governance.
- Enforcing Rule 65(c) deters such litigation by holding plaintiffs accountable for costs and damages if their injunctions are baseless, protecting taxpayer funds and judicial integrity.
STRENGTHENING AMERICA’S JUDICIAL SYSTEM: President Trump is committed to protecting our democracy, challenging judicial overreach, and ensuring the rule of law is upheld.
- Injunctions can cost taxpayers millions or even billions of dollars, especially when they mandate continued funding.
- President Trump appointed high-performing “superstar” judges according to a respected study. Trump’s judges occupied 9 of the top 11 spots for productivity, and 9 of the top 10 spots for influence.
- President Trump’s judges are also rated the least partisan.
- Multiple Supreme Court justices have recently warned that “single district-court judges” acting outside their judicial power are “abusing” the power entrusted to them.