HR 97119th CongressIn Committee

Injunctive Authority Clarification Act of 2025

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Injunctive Authority Clarification Act of 2025 would amend title 28 of the U.S. Code to curb nationwide injunctions by restricting orders that restrain enforcement against non-parties. Specifically, it adds a new Section 2285 to Chapter 155, prohibiting any court in the United States (and district courts in the Virgin Islands, Guam, and the Northern Mariana Islands) from issuing an order that restrains the enforcement of any 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. In short, nationwide restraints on non-parties could only be issued if those non-parties are properly represented in the case via conventional representative mechanisms (e.g., class actions or other FRCP-based representation). This would effectively limit or prevent broad, non-represented injunctions that apply across the country.

Key Points

1New law: Adds 28 U.S.C. § 2285, prohibiting orders that purport to restrain enforcement against non-parties unless the non-party is represented by a party in a representative capacity under the Federal Rules of Civil Procedure.
2Scope: Applies to all courts of the United States and to district courts in the Virgin Islands, Guam, and the Northern Mariana Islands.
3What it covers: Any order restraining enforcement of any statute, regulation, order, or similar authority against a non-party.
4Representation requirement: The non-party must be represented by a party acting in a representative capacity under the FRCP to support the injunctive restraint.
5Clerical update: The table of sections in Chapter 155 would be amended to add the new section 2285, ensuring the code’s navigation reflects the new provision.

Impact Areas

Primary group/area affected- Non-parties to federal litigation who could be bound by injunctions (e.g., individuals or entities not named as plaintiffs or defendants) and the broader public negatively impacted by nationwide injunctions.Secondary group/area affected- Plaintiffs and defendants in federal cases who would need to pursue representative mechanisms (e.g., class actions or other FRCP-based representations) to achieve broader injunctive relief.- Federal agencies and officials who defend or implement policies subject to injunctive review, as the scope and process for nationwide restrictions would require proper representation of affected non-parties.Additional impacts- Potential reduction in the use of nationwide injunctions, shifting practice toward more narrowly tailored or properly represented relief.- Possible administrative and procedural changes in litigation strategy, including increased reliance on class actions or representative actions to obtain broader relief.- Possible constitutional considerations or debates about the balance between efficient judicial relief and protections for non-parties affected by court orders.

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