President Donald Trump wants ‘activist’ groups that sue the government to put up money if they lose

President Donald Trump took a significant step on Thursday by signing a memo that directed government agency heads to request federal judges to impose financial guarantees on “activist” groups that sue the government. This move comes as the Trump administration faces over 90 lawsuits challenging executive orders, memos, and proclamations issued since January 20.

The memo specifically instructs federal agencies to collaborate with Attorney General Pam Bondi to urge federal courts to adopt a rule requiring financial guarantees from parties seeking injunctions. While federal judges have the final authority to decide on the necessity of these financial guarantees, the Department of Justice can request judges to implement the rule under Federal Rule of Civil Procedure 65(c).

The memo applies to all lawsuits seeking preliminary injunctions or temporary restraining orders where the government can demonstrate financial harm. Agencies are required to justify the security amounts based on an assessment of potential harm, ensuring that courts deny or dissolve injunctions if plaintiffs fail to provide the financial guarantees.

The White House emphasized that this directive aims to rein in “activist judges” and hold litigants accountable. By requiring financial guarantees equal to potential costs and damages, the order seeks to prevent judges from overstepping their authority and interfering with executive policymaking.

The lawsuits challenging the Trump administration have already reached the Supreme Court, with a recent 5-4 ruling upholding a district judge’s order for the administration to pay nearly $2 billion in foreign aid money. The Supreme Court directed the case back to the lower court to determine future payment arrangements after the administration missed the deadline set by the district court.

This memo reflects the administration’s efforts to address legal challenges and ensure accountability in the judicial process. By requiring financial guarantees from plaintiffs seeking injunctions, the government aims to prevent unjustified interference with its policies and protect taxpayer dollars. The directive aligns with the administration’s commitment to upholding the rule of law and preserving the separation of powers.