President Donald Trump signed a memo Thursday directing government agency heads to ask federal judges to require financial guarantees to hold ‘activist’ groups that sue the government financially responsible if an injunction is found to be unnecessary.
The memo comes as the Trump administration faces more than 90 lawsuits stemming from executive orders, memos and executive proclamations issued since Jan. 20 that legal groups, labor organizations, and other state and local plaintiffs are challenging.
Specifically, the memo instructs federal agencies to coordinate with Attorney General Pam Bondi to request federal courts adhere to a rule that mandates financial guarantees from those requesting injunctions.
While federal judges ultimately have the final say on whether these financial guarantees are required, the Department of Justice can request under Federal Rule of Civil Procedure 65(c) that judges implement the rule to require financial guarantees from plaintiffs that are equal to the potential costs and damages the federal government would incur from a wrongly issued preliminary injunction or temporary restraining order.
The memo signed Thursday applies to all lawsuits seeking preliminary injunctions or temporary restraining orders ‘where the government can demonstrate monetary harm from the requested relief,’ according to a White House fact sheet.
‘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,’ the White House said in the fact sheet obtained by Fox News Digital.
As a result, the White House said the order will rein in ‘activist judges’ and keep ‘litigants accountable.’
‘Unelected district judges have issued sweeping injunctions beyond their authority, inserting themselves into executive policymaking and stalling policies voters supported,’ the White House said in its fact sheet.
The lawsuits challenging the Trump administration already have started to make their way up to the Supreme Court. For example, the high court issued a 5-4 ruling Wednesday upholding a district judge’s order requiring the Trump administration to pay almost $2 billion in foreign aid money.
The Supreme Court said that since the district court’s Feb. 26 deadline for the Trump administration to pay the USAID funding contracts has expired, it directed the case back to the lower court to hash out future payment plans.
‘Given that the deadline in the challenged order has now passed, and in light of the ongoing preliminary injunction proceedings, the District Court should clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines,’ the court said.
Fox News’ Kerri Urbahn and Breanne Deppisch contributed to this report.
