Trump Administration Seeks to Deter Legal Challenges with New Rule on Financial Security

A White House memo directs federal agencies to invoke a rarely used rule requiring plaintiffs to post security for costs in lawsuits against government policies.

• The Trump administration has issued a directive encouraging federal agencies to enforce Rule 65(c), which could require plaintiffs seeking injunctions against the government to post financial security upfront.
• The memo criticizes the surge of lawsuits targeting Trump administration policies, describing them as partisan and potentially frivolous attempts to undermine the democratic process.
• Nearly 100 lawsuits are currently active, focusing on issues such as immigration, diversity policies, budget freezes, and initiatives led by Elon Musk’s Department of Government Efficiency.
• Legal experts describe the move as unprecedented and potentially powerful, though courts retain discretion over whether to enforce the rule and the amount of security required.
• The Supreme Court is set to hear cases this month that could reshape the legal landscape around forum shopping and nationwide injunctions, which are central to the administration's concerns.

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