Free Republic

*** On Tuesday, Trump issued a memorandum entitled “Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c),” and directed it to “the heads of executive departments and agencies.” The order opens by describing the way activists, using donated and government-granted funds, have been obtaining sweeping injunctions from carefully selected district court judges (that is, those seated in forums friendly to Democrats). With the judges’ help, the activists have been ” functionally inserting themselves into the executive policy making process and therefore undermining the democratic process.”...it’s mandatory, although the government never seems to have bothered pushing for security before: The...

@DOGE, a single district judge has issued a ruling blocking the executive branch from access to Treasury data. There’s a simple fix: DOJ should demand injunction bonds. This will be a repeat problem for the Trump administration, just like it was in the first term, unless something is done to rein in frivolous injunctions. Activist judges could single-handedly gum up the entire Trump/DOGE agenda. Under Federal Rule of Civil Procedure 65(c), judges can issue injunctions “ONLY IF” the suing party posts a bond to cover potential damages if they’re wrong. But guess what? This rule is hardly used! When I...

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES Subject: Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c) In recent weeks, activist organizations fueled by hundreds of millions of dollars in donations and sometimes even Government grants have obtained sweeping injunctions far beyond the scope of relief contemplated by the Federal Rules of Civil Procedure, functionally inserting themselves into the executive policy making process and therefore undermining the democratic process. 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. Taxpayers are forced...