Court Shopping Deterrence Act
The Court Shopping Deterrence Act would create a new provision in title 28 U.S.C. that changes how nationwide injunctions issued by district courts are reviewed. Specifically, if a district court grants a nationwide injunction, an appeal from that order would go directly to the Supreme Court, bypassing the traditional appellate routes through the circuit courts. The bill defines a "nationwide injunction" as an order that restrains enforcement of a federal statute, regulation, order, or similar authority against a non-party, unless that non-party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure. The sponsor and the bill’s broader context are not provided beyond the introduced text. In short, the bill would centralize immediate appellate review of nationwide injunctions in the Supreme Court, rather than allowing the typical circuit-level review. Supporters argue it would deter “court shopping” by limiting where such injunctions can be challenged; opponents may worry it concentrates and slows high-level review, and could affect parties who seek rapid relief from district courts.
Key Points
- 1Creates a new statutory provision (Sec. 2285) in Chapter 155 of Title 28 to govern appeals of district court orders granting nationwide injunctions.
- 2An appeal of a district court’s nationwide-injunction order would lie directly to the Supreme Court, rather than to a U.S. Court of Appeals.
- 3Defines “nationwide injunction” as an order restraining enforcement of a federal statute/regulation/order against a non-party, unless the non-party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure.
- 4Includes a clerical amendment to insert the new section into the table of sections after Section 2285, clarifying the addition to the chapter.
- 5Title of the bill: the Court Shopping Deterrence Act, signaling the policy goal of deterring forum-shopping by restricting where nationwide-injunction challenges can be heard.