H.R. 97: Injunctive Authority Clarification Act of 2025

This bill, titled the Injunctive Authority Clarification Act of 2025, proposes changes to existing federal law regarding the issuance of court orders, specifically national injunctions.

Key Provisions of the Bill

• Prohibition of National Injunctions: The bill aims to prohibit U.S. courts from issuing orders that restrain enforcement of laws or regulations against individuals or entities that are not parties in a given lawsuit, without proper representation. This means that a court cannot stop the enforcement actions of a law unless the person or entity affected is adequately represented in the case.
• Amendment to Title 28: The proposed legislation amends Title 28 of the United States Code, which governs the federal judiciary. It adds a specific section focusing on orders that would restrict the enforcement of laws against non-parties.
• Scope of the Restriction: The bill specifies that this restriction applies not only in the continental U.S. but also to U.S. territories, such as the Virgin Islands, Guam, and the Northern Mariana Islands.

Implications

• If passed, this bill would limit the ability of courts to provide broad protections through injunctions that affect individuals or entities that have not actively participated in litigation.
• This could potentially lead to more localized decisions, as national injunctions would no longer be applicable, theoretically allowing for varied enforcement of laws in different jurisdictions depending on local court rulings.

Impact on the Legal System

• The change could alter the landscape of various legal cases where national injunctions have been employed in the past to halt the enforcement of federal actions comprehensively.
• Litigants may need to be more strategic about who is included in a case, particularly regarding representation, to avoid future enforcement challenges.

Next Steps in the Legislative Process

• The bill has been introduced to Congress and referred to the House Judiciary Committee for consideration.
• If it progresses through committee, it may undergo revisions before being brought to the full House for a vote.

Relevant Companies

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