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This executive order commands all federal agencies to enforce Federal Rule of Civil Procedure 65(c), which requires any individual or group seeking an injunction against the government to post a financial bond. This bond would serve as compensation if the court later determines that the injunction was unjustified.
The Trump administration argues that activist organizations have long abused the courts, filing weak or meritless lawsuits simply to obstruct government action. These groups strategically pick sympathetic judges to halt conservative policies, all while escaping any financial consequences when their cases fail. In the end, it is the American taxpayer who foots the bill.
Under this directive, federal agencies are now required to demand upfront financial security from plaintiffs seeking injunctions. Agencies must work closely with the Attorney General to determine the appropriate amount and justify it in court.
The executive order highlights how these lawsuits not only waste taxpayer dollars but also divert the Department of Justice’s attention from more pressing matters, like safeguarding national security and public safety.
“This anti-democratic takeover is orchestrated by forum-shopping organizations that repeatedly bring meritless suits, used for fundraising and political grandstanding, without any repercussions when they fail,” the order states.
Beyond financial waste, these legal maneuvers disrupt crucial government functions, delaying policies that the American people voted for. Federal hiring and funding decisions have been blocked, and conservative legislative priorities have been ground to a halt.
The order underscores the necessity of enforcing Rule 65(c) as a deterrent against judicial overreach. By making those who seek injunctions accountable for wrongful lawsuits, it aims to restore fairness in the legal system and ensure that taxpayers are not forced to subsidize leftist legal warfare.
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Trump’s directive explicitly demands that any group seeking an injunction against the federal government be prepared to pay for any damages their legal actions might cause. It sets clear expectations for courts to enforce Rule 65(c) and deny injunctive relief if the required security deposit is not provided.
Federal agencies must ensure that:
- Rule 65(c) is consistently applied, requiring plaintiffs to post security in all relevant cases.
- The amount of security requested is carefully calculated to reflect the potential harm to the government if the injunction is improperly issued.
- Failure to comply with Rule 65(c) results in immediate dismissal or reversal of the requested injunction.
With this move, President Trump is drawing a firm line against the left’s manipulation of the judicial system. By making radical activist groups financially accountable for their reckless lawsuits, his administration is taking a significant step toward restoring integrity in America’s courts and protecting the policies that voters overwhelmingly supported in 2024.
