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HR 2274119th CongressIn Committee

Court Shopping Deterrence Act

Introduced: Mar 21, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

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.

Impact Areas

Primary group/area affected: Parties or entities seeking or defending nationwide injunctions (particularly those affecting non-parties broadly) and district courts issuing such injunctions. Direct Supreme Court review could alter litigation strategies and timelines for challenging or obtaining nationwide injunctions.Secondary group/area affected: Federal appellate practice and the internal workload of the Supreme Court. Bypassing circuit courts could shift some appellate caseload directly to the Supreme Court, impacting how quickly such appeals are resolved.Additional impacts:- Potential changes to strategic litigation and forum-shopping dynamics, as nationwide injunctions (often controversial) would face direct high-court review.- Possible effects on regulatory and administrative actions, given that nationwide injunctions commonly arise in areas like immigration, environmental, and civil rights enforcement, where broad non-party protections or restraints have been sought.
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