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

Akin Gump Strauss Hauer & Feld LLP
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Establish a policy to enforce the Federal Rule of Civil Procedure 65(c) by requiring parties seeking injunctions against the Federal Government to cover the costs and damages incurred if the Government is ultimately found to have been wrongfully enjoined or restrained. The heads of executive departments and agencies, in consultation with the Attorney General, are directed to 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.

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