| 4 | | - | AN ACT |
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| 6 | + | [Report No. 119–40] |
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| 7 | + | To amend title 28, United States Code, to limit the authority of district |
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| 8 | + | courts to provide injunctive relief, and for other purposes. |
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| 9 | + | IN THE HOUSE OF REPRESENTATIVES |
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| 10 | + | FEBRUARY24, 2025 |
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| 11 | + | Mr. I |
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| 12 | + | SSA(for himself, Mr. VANORDEN, and Mr. WEBERof Texas) introduced |
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| 13 | + | the following bill; which was referred to the Committee on the Judiciary |
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| 14 | + | M |
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| 15 | + | ARCH25, 2025 |
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| 16 | + | Additional sponsors: Mr. G |
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| 17 | + | OODEN, Mr. HARRISof North Carolina, Mrs. |
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| 18 | + | L |
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| 19 | + | UNA, Mr. SCHMIDT, Ms. TENNEY, Mr. LANGWORTHY, Mr. MCGUIRE, |
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| 20 | + | Mr. S |
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| 21 | + | ELF, Mr. HIGGINSof Louisiana, Mr. MEUSER, Mr. BABIN, and Mr. |
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| 22 | + | L |
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| 23 | + | ALOTA |
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| 24 | + | M |
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| 25 | + | ARCH25, 2025 |
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| 26 | + | Reported with an amendment, committed to the Committee of the Whole |
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| 27 | + | House on the State of the Union, and ordered to be printed |
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| 28 | + | [Strike out all after the enacting clause and insert the part printed in italic] |
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| 29 | + | [For text of introduced bill, see copy of bill as introduced on February 24, 2025] |
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| 30 | + | VerDate Sep 11 2014 22:59 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1526.RH H1526 |
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| 31 | + | kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 |
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| 32 | + | •HR 1526 RH |
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| 33 | + | A BILL |
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| 18 | | - | NGENERAL.—Chapter 85 of title 28, United 7 |
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| 19 | | - | States Code, is amended by adding at the end the fol-8 |
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| 20 | | - | lowing: 9 |
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| 21 | | - | ‘‘§ 1370. Limitation on authority to provide injunctive 10 |
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| 22 | | - | relief 11 |
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| 23 | | - | ‘‘(a) Except as provided in subsection (b), notwith-12 |
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| 24 | | - | standing any other provision of law, no United States dis-13 |
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| 25 | | - | trict court shall issue any order providing for injunctive 14 |
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| 26 | | - | relief, except in the case of such an order that is applicable 15 |
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| 27 | | - | only to limit the actions of a party to the case before such 16 |
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| 28 | | - | district court with respect to the party seeking injunctive 17 |
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| 29 | | - | relief from such district court and non-parties represented 18 |
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| 30 | | - | by such a party acting in a representative capacity pursu-19 |
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| 31 | | - | ant to the Federal Rules of Civil Procedure. 20 |
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| 32 | | - | ‘‘(b) If a case is brought by two or more States lo-21 |
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| 33 | | - | cated in different circuits challenging an action by the ex-22 |
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| 34 | | - | ecutive branch, that case shall be referred to a three-judge 23 |
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| 35 | | - | panel selected pursuant to section 2284, except that the 24 |
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| 36 | | - | selection of judges shall be random, and not by the chief 25 |
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| 37 | | - | judge of the circuit. The three-judge panel may issue an 26 3 |
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| 38 | | - | •HR 1526 EH |
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| 39 | | - | injunction that would otherwise be prohibited under sub-1 |
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| 40 | | - | section (a), and shall consider the interest of justice, the 2 |
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| 41 | | - | risk of irreparable harm to non-parties, and the preserva-3 |
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| 42 | | - | tion of the constitutional separation of powers in deter-4 |
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| 43 | | - | mining whether to issue such an order. 5 |
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| 44 | | - | ‘‘(c) An appeal of an order granting or denying in-6 |
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| 45 | | - | junctive relief pursuant to subsection (b) may lie to the 7 |
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| 46 | | - | circuit embracing the district or to the Supreme Court, 8 |
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| 47 | | - | at the preference of the party.’’. 9 |
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| 49 | + | NGENERAL.—Chapter 85 of title 28, United 9 |
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| 50 | + | States Code, is amended by adding at the end the following: 10 |
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| 51 | + | ‘‘§ 1370. Limitation on authority to provide injunctive 11 |
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| 52 | + | relief 12 |
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| 53 | + | ‘‘(a) Except as provided in subsection (b), notwith-13 |
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| 54 | + | standing any other provision of law, no United States dis-14 |
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| 55 | + | trict court shall issue any order providing for injunctive 15 |
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| 56 | + | relief, except in the case of such an order that is applicable 16 |
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| 57 | + | only to limit the actions of a party to the case before such 17 |
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| 58 | + | district court with respect to the party seeking injunctive 18 |
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| 59 | + | relief from such district court and non-parties represented 19 |
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| 60 | + | by such a party acting in a representative capacity pursu-20 |
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| 61 | + | ant to the Federal Rules of Civil Procedure. 21 |
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| 62 | + | ‘‘(b) If a case is brought by two or more States located 22 |
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| 63 | + | in different circuits challenging an action by the executive 23 |
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| 64 | + | branch, that case shall be referred to a three-judge panel 24 |
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| 65 | + | selected pursuant to section 2284, except that the selection 25 |
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| 66 | + | VerDate Sep 11 2014 22:59 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1526.RH H1526 |
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| 67 | + | kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 |
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| 68 | + | •HR 1526 RH |
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| 69 | + | of judges shall be random, and not by the chief judge of 1 |
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| 70 | + | the circuit. The three-judge panel may issue an injunction 2 |
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| 71 | + | that would otherwise be prohibited under subsection (a), 3 |
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| 72 | + | and shall consider the interest of justice, the risk of irrep-4 |
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| 73 | + | arable harm to non-parties, and the preservation of the con-5 |
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| 74 | + | stitutional separation of powers in determining whether to 6 |
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| 75 | + | issue such an order. 7 |
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| 76 | + | ‘‘(c) An appeal of an order granting or denying in-8 |
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| 77 | + | junctive relief pursuant to subsection (b) may lie to the cir-9 |
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| 78 | + | cuit embracing the district or to the Supreme Court, at the 10 |
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| 79 | + | preference of the party.’’. 11 |
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