Trump Administration Memo on Injunctions Sparks Misinformation and Confusion
A memo issued by the Trump administration in March 2024 aimed at enforcing a federal rule regarding injunctions against the government ignited a firestorm of misinformation on social media and raised concerns about potential impacts on legal challenges to government actions. The memo, mischaracterized by some as an executive order targeting "activist judges," directed federal agencies to demand that parties seeking injunctions cover costs and damages if the government is later found to have been wrongfully restrained. This directive has sparked debate and confusion surrounding the application of Federal Rule of Civil Procedure 65(c), which addresses security bonds in preliminary injunction cases.
The memo quickly became fodder for misleading claims on social media. Right-wing news aggregators and personalities amplified the narrative that the Trump administration was holding individuals financially liable for challenging government policies in court. This misinterpretation spread rapidly, with claims that the memo constituted an executive order and targeted activist judges gaining significant traction. The mischaracterizations fueled anxieties about the potential chilling effect on legitimate legal challenges to government actions.
At the heart of the matter lies Federal Rule of Civil Procedure 65(c), which stipulates that plaintiffs seeking preliminary injunctions or temporary restraining orders must typically pay a security bond to cover potential costs and damages incurred by the defendant if the injunction is later deemed wrongful. However, this rule includes an exemption for the United States and its agencies, as well as provisions for courts to waive or reduce the bond amount, particularly in cases involving constitutional challenges. The Trump memo, while emphasizing the importance of enforcing Rule 65(c), ultimately does not grant the executive branch the authority to set security bond amounts, which remains the purview of the courts.
The rationale for the exemption for constitutional challenges stems from the recognition that requiring substantial security bonds could effectively prevent individuals and organizations from exercising their right to challenge potentially unconstitutional government actions. The costs associated with government compliance with an injunction can be immense, making it prohibitively expensive for many plaintiffs to post a bond covering those potential costs. Requiring such bonds would create a significant barrier to access to justice and stifle vital constitutional challenges.
The Trump administration memo argued that waiving or reducing security bonds in constitutional cases encourages frivolous lawsuits and imposes undue financial burdens on taxpayers. It urged consistent enforcement of Rule 65(c) to ensure that taxpayers are not held responsible for costs arising from "wrongly issued preliminary relief by activist judges." However, legal experts and civil liberties advocates countered that the memo’s interpretation of the rule misconstrues the role of the judiciary and the importance of protecting access to the courts for constitutional challenges.
While the memo directs federal agencies to request specific security amounts from courts, the ultimate decision rests with the judiciary. Judges retain the discretion to determine the appropriate bond amount, including maintaining the $0 exemption for constitutional litigation. The memo’s impact remains uncertain, with legal experts expressing both hope that courts will uphold established precedent protecting constitutional challenges and concern that the memo could create uncertainty and potentially discourage legitimate litigation against government actions. The controversy highlights the tension between efficient government operation and safeguarding fundamental rights, particularly the right to challenge government actions in court.
