Legal experts ‘can’t believe’ Donald Trump is using rare legal rule in response to his executive orders being blocked

Donald Trump’s administration has issued a ‘bold’ response to emergency lawsuits filed against its executive orders detailed in a memo issued by the White House.

After being sworn in as the 47th President of the United States, Donald Trump wasted no time signing off on multiple executive orders – over 70 – as of February 20.

However, that’s not to say all have gone on to be achieved, with many having faced backlash and subsequent emergency lawsuits in a bid to block them – such as Elon Musk’s Department of Government Efficiency (DOGE) gaining access to sensitive federal government payments and another for transgender women in prisons.

However, a memo from the White House was circulated on Thursday (March 6) attempting to invoke a rare legal rule in response to the lawsuits.


The memo, seen by CNN, states Trump’s administration is seeking to bring in a legal rule which can force anyone who challenges the administration’s decisions in a court case to be forced to pay money at the start of the proceedings.

It states: “It is the policy of the United States to demand that parties seeking injunctions against the Federal Government must cover the costs and damages incurred if the Government is ultimately found to have been wrongfully enjoined or restrained.”

What does the rule mean for those who challenge the administration?
If individuals or groups don’t actually have the money, this could result in them not being able to follow through on a legal battle opposing the administration’s decision – and more of Trump’s executive orders end up going through.

However, whether or not they have to pay upfront or not ultimately wouldn’t be decided by the administration.

Instead, the memo details it would be up to judges to decide whether or not upfront payment is required and how much – a judge ultimately able to resolve not to enforce any payment at all or make the payment super low or super high.

Legal experts have since weighed in on the matter.

Legal experts response to the ‘bold move’
Washington lawyer Mark Zaid told the outlet it’s ‘a very bold move that violates norms’ and could result in Trump’s administration gaining ‘incredible power’.

CNN reporter Katelyn Polantz polled various other legal experts and reflected: “When I was calling people last night and said, ‘Is this rule real? Can they do that?’

“People, even liberal lawyers that I knew that were part of these cases started laughing like, ‘Wow, I can’t believe someone found this rule.’ They can invoke it, no one ever does, but the Trump administration is going.”

But why does the memo argue the rule is necessary in the first place?

The memo states: “Taxpayers are forced not only to cover the costs of their antics when funding and hiring decisions are enjoined, but must needlessly wait for Government policies they voted for.

“Moreover, this situation results in the Department of Justice, the Nation’s chief law enforcement agency, dedicating substantial resources to fighting frivolous suits inste