White House Implements Measures to Enforce Federal Rule of Civil Procedure 65(c)

The White House has issued a memorandum directing federal executive departments and agencies to enforce Federal Rule of Civil Procedure 65(c), which mandates that parties seeking preliminary injunctions provide security for potential costs and damages. This directive responds to concerns regarding activist organizations that have obtained broad injunctions through meritless lawsuits, which can disrupt government operations and result in unnecessary costs to taxpayers. The memorandum stresses that consistent enforcement of Rule 65(c) is crucial for the fair administration of justice and seeks to hold litigants accountable for any misrepresentation or undue harm caused by improperly granted injunctions.

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