Bill Summary
The "Judicial Relief Clarification Act of 2025" is legislation aimed at limiting the authority of U.S. courts in issuing certain types of relief, particularly concerning non-parties in legal cases. Key provisions include:
1. **Prohibition of National Injunctions**: The Act prevents courts from issuing orders, such as injunctions or stays, that affect non-parties unless those non-parties are represented by someone who is a party to the case.
2. **Temporary Restraining Orders (TROs)**: It specifies that any TRO issued must not restrain the enforcement of laws or compel actions regarding statutes or regulations unless it pertains to a party directly involved in the case.
3. **Declaratory Judgments**: The Act modifies the process for declaratory judgments, clarifying that such judgments pertain only to parties before the court.
4. **Judicial Review Restrictions**: It limits judicial review processes to individuals defined as "persons" under federal law, reinforcing the notion that relief cannot be granted to non-parties.
5. **Rule of Construction**: The Act explicitly states that its provisions do not imply any existing authority for federal courts to grant relief that is now restricted by this Act.
Overall, this legislation seeks to clarify and restrict the scope of judicial relief that can be granted by federal courts, emphasizing that such relief must directly involve parties in the case.
Possible Impacts
The proposed "Judicial Relief Clarification Act of 2025" aims to limit the ability of courts to issue injunctions or other forms of relief that affect non-parties. Here are three examples of how this legislation could affect people:
1. **Reduced Access to Broad Legal Relief**: Individuals or groups who are not direct parties to a lawsuit may find it more challenging to secure relief from actions that they believe infringe upon their rights. For example, if a law or regulation is challenged by one party, others who are affected but not directly involved in the case (such as environmental groups impacted by environmental regulations) would be unable to seek court orders to protect their interests unless they are represented by a party in the case. This could limit the ability of marginalized or less powerful groups to obtain justice.
2. **Impact on Public Interest Litigation**: The legislation could hinder public interest organizations that often bring cases on behalf of broader communities. For instance, if a public health organization wants to challenge a regulation that affects community health but is not a party to the lawsuit, it could be barred from obtaining an injunction that would protect those affected by harmful practices. This limitation might prevent necessary interventions in critical issues like health, safety, and environmental protection.
3. **Increased Burden on Legal Representation**: The requirement that non-parties must be represented by a party acting in a representative capacity could create a burden for individuals seeking justice. They might have to find a party willing to include them in their case, which could complicate legal processes and increase the costs associated with legal representation. This could disproportionately affect low-income individuals or communities who may not have the resources to navigate the legal system effectively, thereby limiting their ability to seek redress or challenge governmental or corporate actions.
Overall, the legislation could significantly impact access to justice and the ability of individuals and groups to seek remedies for grievances in the U.S. legal system.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1206 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1206
To amend title 28, United States Code, to prohibit the issuance of
national injunctions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2025
Mr. Grassley (for himself, Mr. Barrasso, Mrs. Blackburn, Mrs. Britt,
Mr. Budd, Mr. Cornyn, Mr. Cramer, Mr. Cruz, Mr. Daines, Mr. Graham, Mr.
Hagerty, Mr. Justice, Mr. Kennedy, Ms. Lummis, Mr. Marshall, Mrs.
Moody, Mr. Moreno, Mr. Schmitt, Mr. Tillis, Mr. Tuberville, Mr.
Cassidy, and Mr. Lee) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to prohibit the issuance of
national injunctions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Relief Clarification Act of
2025''.
SEC. 2. NON-PARTY RELIEF.
(a) In General.--Chapter 155 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2285. Non-party relief
``No court of the United States (and no district court of the
Virgin Islands, Guam, or the Northern Mariana Islands) shall issue any
order, including an injunction, vacatur, stay, temporary restraining
order, declaratory relief, or equitable relief, that purports to
restrain the enforcement against a non-party or compel action in favor
of a non-party with respect to any statute, regulation, order,
executive action, or similar authority, unless the court determines the
non-party is represented by a party acting in a representative capacity
pursuant to the Federal Rules of Civil Procedure.''.
(b) Clerical Amendment.--The table of sections for chapter 155 of
title 28, United States Code is amended by inserting after the item
relating to section 2285 the following:
``2285. Non-party relief.''.
SEC. 3. TEMPORARY RESTRAINING ORDERS.
Section 1292(a) of title 28, United States Code, is amended by
adding at the end the following:
``(4) Temporary restraining orders issued pursuant to the
Federal Rules of Civil Procedure or any other authority that
purports to restrain the enforcement of, or compel action with
respect to, any statute, regulation, order, executive action,
or similar authority, by the United States or one of the
several States within the meaning of section 1332, an agency
thereof, or an officer or employee thereof acting in an
official capacity.''.
SEC. 4. DECLARATORY JUDGMENTS.
Section 2201(a) of title 28, United States Code, is amended, in the
first sentence, by inserting ``before the court'' after ``party''.
SEC. 5. JUDICIAL REVIEW.
Chapter 7 of title 5, United States Code, is amended--
(1) in section 705, in the second sentence, by inserting
``limited to a person, as defined in section 551, before the
court'' after ``process''; and
(2) in section 706--
(A) in the second sentence of the matter preceding
paragraph (1), by inserting ``, limited to a person, as
defined in section 551, before the court'' after
``shall''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``and set aside''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to imply that Federal courts otherwise possess the authority
to grant relief that is prohibited by this Act and the amendments made
by this Act.
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