Us Congress 2023-2024 Regular Session

Us Congress House Bill HB89

Introduced
1/9/23  

Caption

Injunctive Authority Clarification Act of 2023 This bill prohibits federal courts from issuing injunctive orders that bar enforcement of a federal law or policy against a nonparty, unless the nonparty is represented by a party in a class action lawsuit.

Impact

The proposed changes could have widespread implications for the judicial system and the enforcement of federal laws in the United States. By limiting the ability of courts to issue broad injunctions, the bill seeks to enhance the integrity of federal enforcement actions and reduce the potential for courts to intervene in matters where non-parties are affected but not represented. Proponents argue that this will prevent overreach in judicial authority and ensure that injunctions are more narrowly tailored to the parties involved in litigation.

Summary

House Bill 89, titled the 'Injunctive Authority Clarification Act of 2023', aims to restrict the issuance of national injunctions by federal courts. Specifically, the bill proposes that courts cannot issue orders that prevent the enforcement of federal law or policy against individuals or entities not directly involved in a legal action, unless they are represented in the lawsuit. This legislation is significant as it addresses how courts can apply injunctions, particularly in the context of class action suits and non-party representation.

Contention

Opposition to HB 89 may arise from concerns about access to justice for individuals who could be adversely affected by federal actions without being part of a lawsuit. Critics may argue that restricting injunctions could undermine protections for citizens against government actions they cannot directly challenge. There may also be fear that this bill could obstruct timely and necessary legal remedies for those impacted by broad federal regulations or actions, particularly in cases where class actions may not adequately represent every affected individual.

Companion Bills

No companion bills found.

Previously Filed As

US HB97

Injunctive Authority Clarification Act of 2025 This bill prohibits federal courts from issuing injunctive orders that bar enforcement of a federal law or policy against a nonparty, unless the nonparty is represented by a party in a class action lawsuit.

US HB1526

No Rogue Rulings Act or NORRAThis bill limits the authority of federal district courts to issue injunctions.Specifically, it prohibits a district court from issuing an injunction unless the injunction applies only to the parties of the particular case before the court.

US HB425

History and Tradition Protection Act of 2023 This bill limits the types of relief that may be awarded in civil suits that involve violations of the Constitution's Establishment Clause, which prohibits the government from establishing a religion. Current law provides a statutory civil cause of action against state and local government actors for violations of constitutional rights, also known as Section 1983 lawsuits. The bill limits relief for Section 1983 lawsuits that involve violations of the Establishment Clause to injunctive and declaratory relief (i.e., nonmonetary relief) and prohibits the award of attorneys' fees in these cases, including those that involve monuments, public buildings, official seals, and government proceedings. The bill applies the same restrictions to similar lawsuits against federal agencies.

US HB20

Richard L. Trumka Protecting the Right to Organize Act of 2023 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include providing information about a potential violation to an enforcement agency, participating in an enforcement proceeding, initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.

US HB279

Pharmacist Conscience Protection Act This bill prohibits the federal government and federally funded entities from discriminating or otherwise taking adverse action against a pharmacist, pharmacy owner, or pharmacy technician who declines to store, fill prescriptions for, or make referrals for drugs that cause abortions (or that the individual provider believes in good faith cause abortions). Individuals or the Department of Justice may bring civil actions for violations of this bill.

US HB355

Back the Blue Act of 2023 This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer. Additionally, the bill expands the list of statutory aggravating factors in death penalty determinations to also include the killing or attempted killing of a law enforcement officer, judge, prosecutor, or firefighter or other first responder; broadens the authority of federal law enforcement officers to carry firearms; and limits federal court review of challenges to state court convictions for killing a public safety officer or judge. Finally, it directs the Department of Justice to make grants to law enforcement agencies and nongovernmental organizations to promote trust and improve relations between law enforcement agencies and the communities they serve.

US HB174

No Federal Funding for Teacher's Unions Act This bill prohibits labor organizations of education professionals from receiving federal funds.

US HB140

Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).

US HB7

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023 This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions. Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions. The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.

US HB96

Protecting Arizona from Federal Land Grabs Act This bill prohibits any further extension or establishment of national monuments in Arizona except by express authorization of Congress.

Similar Bills

No similar bills found.