Trump’s Executive Order: A New Era of Litigation Costs
Imposing Steep Costs on Parties Seeking to Block His Policies
President Donald Trump has taken a bold step to curb the growing number of lawsuits against his administration by signing an executive order aimed at imposing potentially steep costs on parties that seek to block his policies in court. The order requires U.S. Justice Department lawyers to ask judges to require plaintiffs to pay the government’s costs and damages if it is forced to hold off on implementing a policy that is ultimately found to be lawful.
The Order’s Provisions
Under the new order, the government will request that judges require plaintiffs to post a bond if they are forced to delay implementing a policy. This bond will need to be paid up front, and judges are not required to grant the requests. However, if they do, plaintiffs who sue the government could be forced to put up enormous sums of money in order to proceed with their cases. The order also holds litigants accountable for their misrepresentations and ill-granted injunctions, accusing "activist organizations" of obtaining improper and overbroad injunctions.
A Response to a Wave of Lawsuits
The move is a response to a wave of more than 100 lawsuits filed against the Trump administration over its efforts to shrink the federal bureaucracy, slash government spending, and reshape the nation’s immigration system and social policies. Trump has suffered a series of setbacks in the cases but has also notched some wins in recent weeks.
Challenges in the Courts
Government lawyers have asked judges to impose bonds in several cases in recent weeks, but one judge has already rebuffed them. In a case over Trump’s bid to freeze $3 trillion in federal loans, grants, and financial assistance, U.S. District Judge Loren AliKhan said it would "defy logic" to "hold plaintiffs hostage" with a bond. AliKhan has blocked the freeze while she weighs the merits of the case. Government lawyers have also asked for bond in a lawsuit over cuts to medical research grants and in another lawsuit over the funding freeze. Judges have yet to rule on those requests.
Conclusion
The new executive order is a significant attempt by President Trump to shift the balance of power in favor of the government in the face of the growing number of lawsuits against his administration. While it remains to be seen how effective this move will be, it is clear that the Trump administration is determined to push back against what it sees as frivolous lawsuits aimed at blocking its policies.
Frequently Asked Questions
- What is the purpose of the executive order?
The executive order aims to impose potentially steep costs on parties that seek to block the Trump administration’s policies in court. - How does the order work?
The government will request that judges require plaintiffs to post a bond if they are forced to delay implementing a policy. The bond will need to be paid up front, and judges are not required to grant the requests. - What is the goal of the order?
The goal of the order is to hold litigants accountable for their misrepresentations and ill-granted injunctions, and to shift the balance of power in favor of the government in the face of the growing number of lawsuits against the administration.