# Fact Sheet: President Donald J. Trump Ensures the Enforcement of Federal Rule of Civil Procedure 65(c)

**ENSURING ACCOUNTABILITY IN FEDERAL COURTS:** Today, President Donald J. Trump signed a memorandum directing federal agencies to enforce a rule mandating financial guarantees from parties requesting injunctions. This ensures coverage of potential costs or losses if the court later deems an injunction wrongly issued.

- The memorandum instructs agency heads, in consultation with the Attorney General, to request under Federal Rule of Civil Procedure 65(c) that federal courts require plaintiffs post-security equal to the federal government’s potential costs and damages from a wrongly issued preliminary injunction or temporary restraining order.
  - Security refers to a financial guarantee compensating the government for losses if an injunction is later found unjustified.
- This applies to all lawsuits seeking preliminary injunctions or temporary restraining orders where the government can demonstrate monetary harm from the requested relief.
- 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.

**STOPPING JUDICIAL OVERREACH AND FRIVOLOUS LAWSUITS:** By issuing this memorandum, President Trump is ensuring the democratic process remains intact by curbing activist judges and holding litigants accountable.

- Unelected district judges have issued sweeping injunctions beyond their authority, inserting themselves into executive policymaking and stalling policies voters supported.
- Activist groups file meritless suits for fundraising and political gain, facing no consequences when they lose, while taxpayers bear the costs and delays.
- The Justice Department is forced to divert resources from public safety to fight these frivolous cases, weakening effective governance.
- Enforcing Rule 65(c) deters such litigation by holding plaintiffs accountable for costs and damages if their injunctions are baseless, protecting taxpayer funds and judicial integrity.

**STRENGTHENING AMERICA’S JUDICIAL SYSTEM:** President Trump is committed to protecting our democracy, challenging judicial overreach, and ensuring the rule of law is upheld.

- Injunctions can cost taxpayers millions or even billions of dollars, especially when they mandate continued funding.
- President Trump appointed high-performing “superstar” judges according to a respected study. Trump’s judges occupied 9 of the top 11 spots for productivity, and 9 of the top 10 spots for influence.
- President Trump’s judges are also rated the least partisan.
- Multiple Supreme Court justices have recently warned that “single district-court judges” acting outside their judicial power are “abusing” the power entrusted to them.
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