Why Judge Boasberg s Deportation Order Is Legally Invalid – WSJ

The argument is rock solid: Under Rule 65(c) of the Federal Rules of Civil Procedure, a party seeking an injunction needs to put up a bond to cover its costs. These bonds aren t optional. They re mandatory, unless the government is seeking an injunction. That means Judge Boasberg s order, and dozens like it, may not be valid at all.

President Trump identified this legal off-ramp in a March 11 memorandum directing the Justice Department to demand bonds in future injunction cases. Senate Judiciary Chairman Chuck Grassley echoed the call. But the Justice Department hasn t pressed the issue, either in Judge Boasberg s courtroom or other high-stakes cases in which activist judges have blocked major policies without requiring plaintiffs to put a single dollar at risk.

via www.wsj.com

Daniel Huff.