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”? 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.

Source: Huffington Post June 13, 2025 16:40 UTC