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119-hr-3502119th Congress

Wrongful Injunction Accountability Act

Sponsored By: Representative Schmidt, Derek [R-KS-2]

Introduced

Summary

Cost-recovery liability would let the United States recover costs and damages from a party who seeks or obtains a temporary restraining order or preliminary injunction under Rule 65, if a court later finds the government was wrongfully enjoined. It applies when the court does not order the Rule 65(c) security required by the rule or when that security is insufficient, and it covers the United States including agencies, officers, and employees.

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  • Federal government: would gain a clear legal path to reclaim costs and damages when a wrongful injunction harms the government and no adequate Rule 65(c) security was set.
  • Movants and private parties: could face liability to pay those costs and damages if they seek or obtain a TRO or preliminary injunction and the court fails to order sufficient Rule 65(c) security.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Injunction seekers could pay government costs

If enacted, this would make people who ask a federal court for a TRO or preliminary injunction pay if the request was wrongful. You could owe the United States for costs and damages when the U.S. (an agency, officer, or employee) was wrongly stopped. This would apply when the judge did not order the Rule 65(c) security, or the security was too small to cover the costs. It would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Schmidt, Derek [R-KS-2]

KS • R

Cosponsors

  • Rep. Hageman, Harriet M. [R-WY-At Large]

    WY • R

    Sponsored 5/19/2025

  • Rep. Wilson, Joe [R-SC-2]

    SC • R

    Sponsored 6/11/2025

Roll Call Votes

No roll call votes available for this bill.

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