Sponsors (5)
The bill reduces disruptive nationwide or third‑party injunctions and legal uncertainty for governments and businesses, but makes it harder and costlier for affected individuals and plaintiffs to obtain timely, systemwide relief.
Federal agencies and state/local governments will face fewer nationwide or third‑party injunctions, preserving more consistent enforcement of statutes and regulations across jurisdictions.
Businesses and subnational governments not named in litigation will have reduced risk of unexpected injunctions halting their operations, lowering legal uncertainty for commerce and public services.
Individuals or entities harmed by a government practice may be unable to obtain timely, systemwide relief because courts will be less able to enjoin enforcement against non‑parties who are not represented in the case.
Plaintiffs seeking broader, systemwide remedies will face higher procedural hurdles, which can leave widespread harms unaddressed until all affected parties are joined or represented.
The rule may encourage strategic use of joinder or multiparty litigation, increasing complexity, delay, and litigation costs for plaintiffs, courts, and taxpayers.
Based on analysis of 2 sections of legislative text.
Bars federal courts from issuing orders that restrain enforcement against non-parties unless the non-party is represented in a recognized representative capacity.
Official title: To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Prohibits federal courts (including district courts for the Virgin Islands, Guam, and the Northern Mariana Islands) from issuing orders that restrain enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a recognized representative capacity under the Federal Rules of Civil Procedure. Also inserts a new chapter and updates the table of sections in title 28 U.S.C.