President Trump moved Thursday to cut down on the tsunami of legal challenges filed against him so far by ordering his government to demand challengers put up collateral if they want to sue.
Mr. Trump said his opponents’ legal “antics” have become a drain on taxpayers and a distraction for Justice Department lawyers.
He said the challengers feel emboldened to sue because they have little to lose. Asking them to put up collateral might make them think twice.
“This anti-democratic takeover is orchestrated by forum-shopping organizations that repeatedly bring meritless suits, used for fundraising and political grandstanding, without any repercussions when they fail,” he said. “Taxpayers are forced not only to cover the costs of their antics when funding and hiring decisions are enjoined, but must needlessly wait for government policies they voted for.”
He ordered his administration to flex a federal rule that asks a party seeking a preliminary injunction or temporary restraining order to offer security to cover the costs in the event the defendant prevails.
The amount is set by the court.
Mr. Trump said he wants his government to prod the judges to require the collateral.
More than 100 lawsuits have been filed against Mr. Trump, which works out to more than two new challenges a day. At least a dozen of those cases have already reached appellate levels, too.
While most cases are far from concluded, Mr. Trump has lost a number of early battles, with judges issuing temporary restraining orders or preliminary injunctions halting his plans.
A temporary restraining order is a short-term halt, while a preliminary injunction is a more persistent blockade. Under the rules of civil procedure, security can be requested for either.
Both are considered preliminary rulings and could change when the case is fully heard. The theory behind collateral is to make sure the defendant — in this case the government — is made whole in the event the final ruling flips in its favor.
The Justice Department has actually asked for security in some of the cases.
Judges so far have not been open to the idea.
One judge said it was impossible to put a dollar amount on the case and besides, it would likely be too much for the plaintiffs to pay, effectively blocking them from the courthouse. The judge said that couldn’t stand.
Mr. Trump, in his memo Thursday, said his legal opponents are well funded and intent on derailing him.
“In recent weeks, activist organizations fueled by hundreds of millions of dollars in donations and sometimes even government grants have obtained sweeping injunctions far beyond the scope of relief contemplated by the Federal Rules of Civil Procedure, functionally inserting themselves into the executive policymaking process and therefore undermining the democratic process,” the president said.
He instructed his agencies to calculate the collateral costs so they can suggest them to judges. He also said his lawyers should ask for judges to erase injunctions if the challengers refuse to put up security.
