In a recent memorandum addressed to the heads of executive departments and agencies, President Donald J. Trump has taken decisive steps to reinforce the enforcement of Federal Rule of Civil Procedure 65(c). This rule is critical in deterring frivolous lawsuits that have plagued the federal courts in recent times, particularly those arising from activist organizations. The memorandum highlights a notable concern: activist organizations have leveraged substantial funding to obtain sweeping injunctions that go beyond the intended relief outlined by the Federal Rules of Civil Procedure. This trend, according to Trump, has allowed these organizations to insert themselves into the executive policymaking process, thereby undermining democratic decision-making.
For context, the Federal Rule of Civil Procedure 65(c) mandates that any party seeking a preliminary injunction or temporary restraining order must provide a security to cover potential costs and damages for the party restrained if the injunction is wrongfully issued. This move by the Trump administration seeks to ensure that organizations pursuing injunctions against the federal government will be accountable for any costs and damages incurred during litigation.
The memorandum asserts that frivolous lawsuits not only drain taxpayer resources but also delay the implementation of policies that the public has voted for. The Department of Justice has been forced to allocate resources to combat these meritless suits, distracting from its primary role of ensuring public safety. Therefore, Trump’s administration is directing agencies to emphasize the need for plaintiffs to post security that reflects potential costs and damages associated with wrongly issued injunctions.
Key directives from the memorandum include requiring federal district courts to enforce Rule 65(c) rigorously and mandating that agencies present a calculated estimate of potential litigation costs when seeking security. By doing so, the Trump administration aims to hold litigants accountable for their lawsuits, especially those perceived as politically motivated rather than legitimate grievances.
The memorandum does not create enforceable rights against the United States but reinforces the expectation for judicial accountability in the face of rising litigation abuses. As this enforcement policy unfolds, it is anticipated to reshape how activist organizations approach lawsuits against federal agencies, potentially reducing the incidence of frivolous litigation that has become a hallmark of this legal landscape.