By Mark Smith, Host of The Four Boxes Diner
April 2, 2025
Hey folks, Mark Smith here—proud American gun owner, constitutional attorney, member of the U.S. Supreme Court Bar, and, thanks to your support, the 2025 Gundies Awards’ top voice for the Second Amendment. While I’d rather be breaking down the latest 2A victories or debunking gun control myths, today we’ve got a different fight on our hands—one that’s got a ripple effect on our right to keep and bear arms. The Trump Department of Justice (DOJ), led by Attorney General Pam Bondi, is slugging it out against a barrage of lawsuits from deep state federal employees. These cases are a blatant attempt to bog down the administration, and I’m here to tell you why they’re doomed to fail—and why that’s great news for Second Amendment supporters.

The Deep State’s Desperate Play

Let’s cut to the chase: President Donald Trump’s administration is under attack from lawsuits filed by federal employees and ex-employees—folks who want to cling to their jobs, titles, and taxpayer-funded paychecks. These cases are popping up in deep state strongholds like San Francisco, the Northeast, and D.C., and they’re eating up the administration’s most precious resource: time. Trump’s got four years—less now, about 90 days in—to deliver on his agenda, including protecting and expanding our constitutional rights. Every day the DOJ is tied up fighting these frivolous suits is a day they’re not advancing the Second Amendment.
But here’s the good news: these lawsuits are built on shaky ground. I’ve got five critical reasons why Trump and Bondi will come out on top, and why this fight matters to every gun owner in America.

1. The TRO Trick: A Deep State Loophole That Won’t Hold

First up, these lawsuits are leaning heavily on temporary restraining orders (TROs) instead of preliminary injunctions. Why does that matter? A TRO is a short-term order issued early in a case, while a preliminary injunction comes after a hearing and lasts through the lawsuit. Here’s the kicker: Trump can’t appeal a TRO to a higher court, but he can appeal a preliminary injunction—straight to the Courts of Appeals or even the Supreme Court. Deep state judges know this, so they’re slapping grandiose TROs on the administration to tie Trump’s hands without giving him a chance to fight back. It’s not a glitch; it’s a feature. But this tactic won’t hold up forever—higher courts will see through it, and that’s a win for Trump’s agenda, including 2A priorities.

2. Wrong Court, Wrong Fight

Second, these federal employees are suing in the wrong place. Most of these cases are landing in U.S. District Courts—think Article III judges with lifetime appointments, like the ones who hear Second Amendment cases or lock up January 6 protesters. But when federal employees sue over jobs or pay, they’re really after money—back pay, salaries, compensation. That’s where the U.S. Court of Federal Claims comes in. Based in D.C., this Article I court exists specifically to handle money claims against the federal government. The Marzulla Law Firm, a top conservative outfit, notes that under the Back Pay Act, federal employees should be in the Court of Federal Claims—not clogging up district courts with deep state sympathies. This jurisdictional misstep is a fatal flaw, and it’s only a matter of time before these cases get bounced.

3. No Irreparable Harm, No Injunction

Third, these plaintiffs don’t have a leg to stand on when it comes to injunctive relief. To get a preliminary injunction—like the ones we seek to block gun control laws—you need four things: a strong case, irreparable harm, a balance of equities in your favor, and public interest. The big one here is irreparable harm. These employees are crying, “I want my job!” but what they mean is, “I want my money!” If Trump fires them and they win years later, they’ll get a check—back pay from the Court of Federal Claims. That’s not irreparable harm; it’s a fixable problem. No irreparable harm means no injunction. Period. This is a huge win for the administration, freeing up the DOJ to focus on real priorities—like defending our gun rights.

4. Show Me the Money: The Bond Problem

Fourth, these deep state judges are ignoring Federal Rule of Civil Procedure 65(c). This rule says you can’t get a TRO or preliminary injunction without posting a bond—security to cover damages if the injunction turns out to be wrong. Imagine Trump’s administration shells out billions to keep these employees on the payroll, only for the Supreme Court to rule years later that he had every right to fire them under Article II. Without a bond, taxpayers are left holding the bag. Yet these D.C. courts aren’t making plaintiffs post a dime. That’s a glaring violation of the rules, and it’s another reason these injunctions won’t stand. When they fall, Trump’s team can get back to work—like rolling back ATF overreach or defending 2A in court.

5. Time Is on Trump’s Side

Finally, let’s talk strategy. The deep state’s goal is to waste Trump’s time—keep his DOJ lawyers chasing their tails instead of advancing his agenda. But here’s the thing: as these cases drag on, the flaws I’ve outlined will unravel them. The Supreme Court, with its solid conservative majority (thanks in part to Trump’s appointees), is the backstop. These lower court shenanigans—unappealable TROs, wrong venues, no bonds—won’t survive scrutiny. Trump wins in the end, and that means more bandwidth for the DOJ to protect our constitutional freedoms, including the right to keep and bear arms.
Why This Matters to Gun Owners
So, what’s the Second Amendment angle? Simple: a strong Trump administration is a bulwark against gun control. Every minute the DOJ spends fighting these lawsuits is a minute they’re not dismantling Biden-era ATF rules, defending 2A cases, or pushing back against censorship that silences pro-gun voices. When Trump and Bondi beat back this deep state nonsense, they’re clearing the deck to focus on what matters—like ensuring our rights stay intact. Think of it as a ripple effect: a win here strengthens the administration’s hand to protect the Second Amendment across the board.
The Bottom Line
These lawsuits are a desperate deep state gambit, but they’re doomed. From TRO abuse to jurisdictional errors, missing bonds to flimsy claims of harm, the cracks are showing. President Trump and Attorney General Pam Bondi will prevail, and when they do, it’s a victory for every American who values freedom—especially us gun owners. So keep an eye on this fight, folks. It’s not just about bureaucrats and paychecks; it’s about keeping the administration strong to defend our rights.
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