“When you’re dealing with public interest organizations who are dealing with, I don’t know, poor detainees, nobody has millions and millions of dollars here if we are now doing an estimate of the amount of damage the federal government can say ‘oh you have to put up a 100-million dollar bond’ that way they can legislatively short circuit the ability of actually anyone to get injunctive relief,” said Kretzer. “Look, civil companies, big corporate defendants are able to go to insurance companies and they partial this across numerous different ones and come together just like underwriting a deal and are able to post a bond but clearly nonprofits aren’t going to have access to that. So, if they’re looking for legislative fix to shut this down that would probably be the easiest way to do it. To declare that a bond is necessary in every one of these cases and none of these public interest groups will be able to post it.”
