Federal judges are facing criticism for how they are handling cases involving executive actions from the Trump administration. Legal expert Daniel Huff, who previously worked in the Trump White House, claims these judges are not following important rules that require plaintiffs to post a bond before an injunction is granted. This bond is meant to protect taxpayers by ensuring that the costs associated with any injunction are covered, especially if it turns out the government acted within its rights.
Recently, two federal judges ordered the reinstatement of nearly 25,000 probationary employees who had been let go by the administration. Huff pointed out that this could cost taxpayers between $100 to $200 million a month, as the government would have to pay salaries and benefits for these workers. He raised concerns about how taxpayers would recover this money if the Supreme Court later decides that the government had the authority to terminate these employees.
Huff emphasized that Rule 65(c) was designed to prevent frivolous lawsuits by requiring plaintiffs to back their claims with financial security. He argued that without this requirement, judges are allowing cases that could burden taxpayers to proceed unchecked. This pattern of issuing injunctions without bonds has been seen repeatedly against the Trump administration, leading to significant financial implications.
Critics, including Florida Governor Ron DeSantis, have called for changes to limit the powers of these judges. Tech entrepreneur Elon Musk has suggested that these judges should be removed from their positions. However, Huff believes that such changes are unlikely due to the current political landscape, where Republicans lack enough votes to make significant alterations without Democratic support.
In response to the situation, the White House has issued a memo directing federal agencies to ensure that judges require plaintiffs to post security in line with Rule 65(c). This guidance aims to protect the government from undue costs associated with injunctions and to uphold the rule of law in these cases. The memo states that agencies should request this bond unless there are extraordinary circumstances that justify an exception.