PolicyBrief
H.R. 97
119th CongressJan 3rd 2025
Injunctive Authority Clarification Act of 2025
IN COMMITTEE

The "Injunctive Authority Clarification Act of 2025" limits the ability of federal courts to issue injunctions that prevent the enforcement of laws against individuals or entities not directly involved in the lawsuit, unless those non-parties are legally represented in the case.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

New Bill Limits Court Power to Block Laws for People Not Directly Sued: Injunctive Authority Clarification Act Narrows Scope of Judicial Relief

The "Injunctive Authority Clarification Act of 2025" changes the rules on who can be affected by court-ordered injunctions. Basically, federal courts can no longer issue injunctions that stop the government from enforcing laws against people or groups not directly involved in a lawsuit. This is a big shift in how court orders can be applied.

What's Actually Changing?

The core of the bill is a new section (2285) added to Title 28 of the U.S. Code. This section prevents courts from issuing broad injunctions that apply to everyone. Instead, injunctions can only apply to the parties directly involved in the lawsuit. There's one exception: if a non-party is officially represented by someone who is part of the lawsuit (like in a class-action suit), the injunction can apply to them. This is determined by the Federal Rules of Civil Procedure.

Real-World Rollout

Imagine a company is found to be violating environmental regulations. Previously, a court might issue an injunction stopping that company and all similar companies from engaging in the harmful activity. Under this new law, the injunction would likely only apply to the specific company named in the lawsuit. Other companies, even if doing the exact same thing, would not be immediately affected by the court order unless they were also sued directly, or were represented by the named party.

Another example: say a new state law is challenged as unconstitutional. A court could previously issue an injunction preventing the state from enforcing the law against anyone. Now, the injunction would probably only apply to the specific people who brought the lawsuit. Everyone else in the state would still be subject to the law, unless they also sued or were represented by a party in the initial lawsuit.

Who Feels the Change, and How?

This bill directly impacts anyone who might benefit from a broad injunction. Think advocacy groups, who often seek injunctions to protect large groups of people. It also affects businesses and government entities. They're less likely to face sweeping injunctions that impact their operations beyond the specific cases they're involved in. The bill makes it harder for courts to address widespread problems with a single, broad order.

Challenges in Implementation

The main challenge is figuring out who counts as "represented" by a party in the lawsuit. The bill refers to the Federal Rules of Civil Procedure, but those rules can be complex. This could lead to a lot of legal wrangling over who is actually covered by an injunction. It could also mean more lawsuits, as people who would have been covered by a broad injunction now have to file their own individual cases.

The Bigger Picture

This bill limits the power of federal courts. It shifts the balance away from broad, systemic solutions and towards individual lawsuits. It also potentially protects entities from being swept up in legal actions where they aren't directly involved, which could be seen as a pro-business move. It fits into a larger debate about the role of the judiciary and the scope of its power to address widespread harm.