Civil Process
Citing ‘anti-democratic takeover’ by ‘activist’ plaintiffs, Trump seeks cash bond for injunction requests
President Donald Trump is directing federal companies to hunt a cash bond when plaintiffs file federal lawsuits in opposition to the administration that search momentary restraining orders or preliminary injunctions. (Picture from Shutterstock)
President Donald Trump is directing federal companies to hunt a cash bond when plaintiffs file federal lawsuits in opposition to the administration that search momentary restraining orders or preliminary injunctions.
“In latest weeks,” Trump stated in a March 11 memo, “activist organizations fueled by tons of of thousands and thousands of {dollars} in donations and typically even authorities grants have obtained sweeping injunctions” that meddle in government policymaking.
“This anti-democratic takeover is orchestrated by forum-shopping organizations that repeatedly convey meritless fits, used for fundraising and political grandstanding, with none repercussions after they fail,” the memo stated.
To discourage frivolous litigation, Trump stated, events searching for injunctions in opposition to the federal authorities ought to be required beneath Rule 65(c) of the Federal Guidelines of Civil Process to submit safety that may cowl potential prices and damages from a wrongly issued injunction.
A White House fact sheet stated injunctions “can price taxpayers thousands and thousands and even billions of {dollars}, particularly after they mandate continued funding.”
A number of judges have denied bond requests, together with U.S. District Choose Adam B. Abelson of the District of Maryland, in line with Bloomberg Law and Law & Crime.
Courts have continuously waived bond necessities “the place a elementary constitutional proper is at stake,” Abelson wrote.
U.S. District Choose Loren L. AliKhan of the District of Columbia additionally denied bond in a problem to a Trump administration funding freeze, in line with Bloomberg Regulation, Reuters and Regulation & Crime.
“In a case the place the federal government is alleged to have unlawfully withheld trillions of {dollars} of beforehand dedicated funds to numerous recipients, it could defy logic—and contravene the very foundation of this opinion—to carry plaintiffs hostage for the ensuing hurt,” AliKhan said in granting a preliminary injunction to the plaintiffs.
U.S. District Choose Brendan A. Hurson of the District of Maryland additionally refused to require a bond in a problem to anti-LGBTQ government orders, Law.com experiences.
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