
A couple weeks ago, we talked about how the GOP’s Big Beautiful BillTM included a stray attack on preliminary injunctions. Against all odds, the roughly 1,100-page ostensible budget package included a small paragraph refining Rule 65(c) to require anyone seeking to enforce an injunction to put up a bond in the event the federal government eventually wins.
How does one put a dollar value on “maybe don’t disappear innocent people off the street”? Not entirely clear! One could, as one judge told me, order the plaintiffs to put up a peppercorn in the interest of protecting access to justice. The GOP bill tried to turn Rule 65(c) into a mandate but allowed a sliver of wiggle room. That’s been replaced in the new bill.
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Anyone trying to preserve their civil rights in the short term will need to scrounge up a few million — because the DOJ will certainly make sure any suit costs that much — just to maintain the status quo while fighting the government.
The only positive to take from this is that we’ve been successful in shining a light on a tiny provision in a massive “TL;DR” bill such that the goons behind it felt the need to edit it. Keep up that pressure!
Legal Is Changing. And NeoSummit Is Where The Future Is Being Built.
Legal and operational leaders are gathering May 6–7 in Fort Lauderdale to confront the questions the industry hasn't answered—with a keynote from Amanda Knox setting the tone.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.