President Trump's Move: Requiring 'Activist' Groups to Post Financial Guarantees in Lawsuits Against Government
In a groundbreaking directive, President Trump aims to hold ‘activist’ groups financially accountable in lawsuits against the government.
President Donald Trump has taken a decisive step to ensure that ‘activist’ groups challenging the government are held financially accountable if their legal actions are deemed unnecessary. In a memo signed on Thursday, Trump directed federal agency heads to request that federal judges impose financial guarantees on these groups when they seek injunctions against government actions.
This move comes at a time when the Trump administration faces over 90 lawsuits related to various executive actions since January 20. These legal challenges, brought forth by legal groups, labor organizations, and other state and local entities, have put a strain on government resources. The memo specifically instructs agencies to work with Attorney General Pam Bondi to push for the application of Federal Rule of Civil Procedure 65(c), which allows courts to require plaintiffs to post financial guarantees equivalent to potential costs and damages from wrongly issued injunctions.
While the final decision on these financial guarantees rests with federal judges, the Department of Justice can advocate for their implementation. The White House’s fact sheet emphasizes that the memo applies to lawsuits seeking preliminary injunctions or temporary restraining orders where monetary harm to the government can be demonstrated. Agencies are tasked with justifying the security amounts based on a reasoned assessment of potential harm, ensuring that courts can deny or dissolve injunctions if plaintiffs fail to meet these financial obligations.
The Trump administration’s initiative aims to curb the influence of what it describes as ‘activist judges’ and hold litigants accountable. The White House argues that unelected district judges have overstepped their bounds by issuing sweeping injunctions that interfere with executive policymaking and delay policies supported by voters. This bold move by President Trump showcases his commitment to protecting taxpayer resources and ensuring that legal challenges are not used as a tool to obstruct his administration’s agenda.
The Supreme Court has already begun to weigh in on these matters, with a recent 5-4 ruling upholding a district judge’s order for the Trump administration to pay nearly $2 billion in foreign aid. This decision underscores the ongoing legal battles and the need for a more accountable system when it comes to challenging government actions. President Trump’s directive could significantly alter the landscape of legal challenges against the government, ensuring that those who bring forth such cases are prepared to back their claims with financial responsibility.