US Federal 2023-2024 Regular Session

US Federal 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 HB233

Qualified Immunity Act of 2023 This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known. The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional. The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

US HB92

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

US HB93

Protecting Businesses From Frivolous COVID Lawsuits Act of 2023 This bill requires a specific jury instruction in a federal civil action for damages based on negligence arising from the transmission of COVID-19. Specifically, a court must instruct the jury that negligence may not be found solely on the basis of holding oneself open for business.

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.

US HB58

Federal Information Resource to Strengthen Ties with State and Local Law Enforcement Act of 2023 or the FIRST State and Local Law Enforcement Act of 2023 This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to report annually on its activities.

US HB53

Firearm Industry Non-Discrimination Act or the FIND Act This bill prohibits the federal government from entering into contracts with an entity that discriminates against firearm trade associations or businesses that deal in firearms, ammunition, or related products. Specifically, the bill requires a federal agency to include in each contract for the procurement of goods or services awarded by the agency a clause requiring the prime contractor to certify that it (1) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract. The bill establishes (1) a similar requirement with respect to subcontracts, and (2) penalties for violations. The bill makes such prohibition inapplicable to a contract for the procurement of goods or services that is a sole-source contract.

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 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).

Similar Bills

No similar bills found.