Titan Law PLLC

Since it’s all over the news right now, let’s talk about the Temporary Restraining Order (TRO)—the legal equivalent of slamming the brakes on a car moving 100 mph. TROs are what you file when the government (federal, state, or otherwise) is about to do something so catastrophically bad that you can’t just sit around waiting for the usual legal process to grind its way to justice. You need action now. But here’s the catch: federal courts aren’t exactly in the habit of telling the government to sit in the corner and think about what it’s done. In fact, if you’re trying to restrain the feds from doing, well, anything, you’d better have a rock-solid argument, impeccable timing, and maybe a small miracle (read: a politically sympathetic judge). We all know judges aren’t supposed to have political leanings, right? Right? Exactly. They do, and they often get exposed in TRO filings, frankly.

The process itself is deceptively simple in theory (incredibly difficult in reality): you file a motion with a federal court, include a sworn affidavit explaining why the world will end if this TRO isn’t granted, and—if things are really urgent—beg the judge for an emergency ruling without even letting the government argue back. (This is called an ex parte TRO, which is Latin for “Nice try, counselor. Get the other side on the phone.”)

If you’re in New York, state courts have their own version, but federal court is where you go when you want to pick a fight with Uncle Sam himself. Assuming you succeed—which is rare—congratulations! You now have a court order stopping the government in its tracks. For about 14 days.

And that’s when things start getting fun. TROs are, as the name suggests, temporary. If you don’t move quickly to turn it into a preliminary injunction (which could last for months or years), your TRO will vanish faster than a politician’s campaign promises. Keeping it alive, however, means showing the court that you’re not just whining—you’re actually right. You need to prove (1) a strong probability of winning on the merits of the case, (2) immediate harm that can’t be fixed later, (3) that the balance of hardships favors you over the government, and (4) that the public interest in you shutting down a governmental function or grant of authority justifies the TRO. Oh, and on that front: courts really, really hate restraining government action, especially when it involves national security, policy decisions, or anything even remotely political.

Want to know why? Because they’re going to need that government to enforce their rulings moving forward. Plaintiffs target judges they know will be sympathetic to the TRO in the first place. If you’re a judge who issues one of these, you should give a lot of thought to the fact that you’re likely being used as a pawn for someone else or you’re willing to let personal politics infect your decisions. It should be neither.

So, can you get a TRO against the government? Sure, in theory. Will it last? Not unless you can turn it into a preliminary injunction, survive an appeal (probably to the U.S. Supreme Court on an emergency basis), and probably fend off a government motion to dismiss. Otherwise, your TRO is just a legal speed bump—a momentary pause before the inevitable happens. But hey, at least you tried, right?

For those of you on the DOGE/Trump side, don’t be disheartened. This is the game. The chances of TROs lasting beyond a few weeks are so remote as to be almost laughable. For those of you on the USAID/want-to-keep-your job side, I’d start polishing up your resumes.

Hey, if you want to learn more about TROs from an expert civil litigator, contact Titan Law PLLC at blog@titanlawny.com. Follow us @titanlawny on Instagram and X.