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Adds a new paragraph (4) to 28 U.S.C. 1292(a) concerning temporary restraining orders issued pursuant to the Federal Rules of Civil Procedure or other authority that purport to restrain enforcement of, or compel action with respect to, statutes, regulations, orders, executive actions, or similar authority by the United States or one of the several States (within the meaning of section 1332), or an agency, officer, or employee thereof acting in an official capacity.
Amends 5 U.S.C. 705 by inserting additional text into the second sentence, specifically inserting after "; and".
Amends 5 U.S.C. 706 by (1) inserting additional text into the second sentence of the matter preceding paragraph (1), specifically inserting after "; and", and (2) striking a period in the matter preceding subparagraph (A) of paragraph (2).
Amends the first sentence of 28 U.S.C. 2201(a) by inserting additional text into that sentence (the specific text to be inserted is not provided in this section).
Adds new section 2285 to title 28, U.S. Code, establishing a prohibition on federal courts (including district courts of the Virgin Islands, Guam, and the Northern Mariana Islands) issuing orders that would restrain enforcement against or compel action in favor of a non‑party unless the court determines the non‑party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure.
Prevents federal courts and certain territorial district courts from issuing orders that would stop or require enforcement of federal or state laws, regulations, orders, or executive actions as to people or entities that are not parties to the case — unless the court finds the non‑party is represented by a party acting in a recognized representative capacity. It also narrows the use of temporary restraining orders, adjusts the Declaratory Judgment Act, and makes targeted changes to judicial-review remedies under the Administrative Procedure Act to limit certain forms of relief. The Act clarifies that courts may not infer any new authority to grant relief the law forbids.
Prohibits any United States court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands from issuing any order (including injunctions, vacatur, stays, temporary restraining orders, declaratory relief, or other equitable relief) that would either (a) restrain enforcement against a non-party or (b) compel action in favor of a non-party. This prohibition applies to orders that 'purport' to do those things.
Creates an exception to the prohibition: a court may issue such an order only if the court determines the non-party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure.
Makes a clerical amendment to the table of sections for title 28, United States Code by inserting an item for the new section 2285 after the existing item relating to section 2285.
Adds a new paragraph (4) to section 1292(a) of title 28, United States Code. The new paragraph reads: "Temporary restraining orders issued pursuant to the Federal Rules of Civil Procedure or any other authority that purports to restrain the enforcement of, or compel action with respect to, any statute, regulation, order, executive action, or similar authority, by the United States or one of the several States within the meaning of section 1332, an agency thereof, or an officer or employee thereof acting in an official capacity." This text is added at the end of 28 U.S.C. §1292(a) as shown in the provided section .
Amend Section 2201(a) of title 28, United States Code, by inserting additional text into the first sentence. The specific text to be inserted and the exact insertion point are not present in the provided document .
Who is affected and how:
Federal courts and judges: Will face new statutory limits on issuing injunctions, TROs, and declaratory relief that bind or protect non‑parties. Courts may need to make specific findings about representative relationships before granting broad relief and may be more constrained in fashioning remedies in cases challenging government action.
Federal agencies and executive officials: Likely to see reduced risk of nationwide or non‑party‑binding injunctions halting enforcement of statutes, rules, or executive actions; agencies could obtain more predictable ability to continue implementation while litigation proceeds.
State governments: States acting as defendants or as enforcers of state law may obtain similar predictability against non‑party‑binding federal injunctions, but plaintiffs seeking relief against state action may have to join the specific state actors or meet representative‑standing requirements.
Private parties, businesses, and individuals potentially affected by enforcement: Entities that are not parties to litigation will be less likely to obtain court‑ordered relief that directly protects them unless they are represented in the action; conversely, they are less likely to be restrained by orders entered in suits to which they are not a party.
Plaintiffs challenging statutes, regulations, or agency actions: May face higher procedural hurdles to obtain broad relief affecting non‑parties. They may need to identify and include specific affected parties or secure an accepted form of representative standing to achieve relief with nationwide or system‑wide effect.
Litigation system and case management: May produce more parallel or state‑by‑state litigation rather than single federal orders with nationwide effect, which could increase duplicative litigation and inconsistent rulings until appellate resolution.
Potential secondary effects:
Limitations to this analysis:
Expand sections to see detailed analysis
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1925-1926: 2)
Introduced March 31, 2025 by Charles Ernest Grassley · Last progress March 31, 2025
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1925-1926: 2)
Introduced in Senate