Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c)

This proclamation states that it is the policy of the United States to demand that parties seeking injunctions against the Federal Government must cover the costs and damages incurred if the Government is ultimately found to have been wrongfully enjoined or restrained and that “Federal courts should hold litigants accountable for their misrepresentations and ill-granted injunctions.” The heads of agencies shall, in consultation with the Attorney General, ensure that their respective agencies properly request under Rule 65(c) that Federal district courts require plaintiffs to post security equal to the Federal Government’s potential costs and damages from a wrongly issued injunction. The scope of this directive covers all lawsuits filed against the Federal Government seeking an injunction where agencies can show expected monetary damages or costs from the requested preliminary relief, unless extraordinary circumstances justify an exception.

• All

Immediate.

None.

No known legal challenges.