The bill seeks to limit injunctive relief to parties before the court.
Senate Judiciary Chair Chuck Grassley (R-Iowa) introduced legislation on March 31 to prevent courts from issuing nationwide injunctions.
Dubbed the Judicial Relief Clarification Act of 2025, the law comes amid heightened scrutiny over the use of nationwide injunctions and their increasing role in halting aspects of President Donald Trumpâs agenda.
The law would amend two other lawsâthe Administrative Procedure Act and the Declaratory Judgment Actâto limit the scope of relief courts are authorized to offer under statutes.
Nationwide injunctions have been the subject of debate, including whether Article III of the Constitution authorizes their use.
That provision vests judicial power in the courts and generally gives them authority over âcasesâ and âcontroversies.â
âArticle III of the Constitution tasks the judicial branch with resolving âcasesâ and âcontroversies,’ not making policy,â he said.
âThe obvious solution is to limit district courts to resolving the cases only between the parties before them.â
Most come from judges appointed by a president from the opposing party to the one in the White House.
The trend, the study said, has been fueled by âjudge shopping,â the practice of strategically filing lawsuits before judges whom plaintiffs view as more favorable to their cases.
Presidents George W. Bush and Barack Obama saw six and 12 universal injunctions, respectively, during their terms.
In Trumpâs first term, that number increased to 64, of which 59 came from a judge appointed by a president of the opposing party.
Trump recently denounced their use and asked the Supreme Court to intervene.
Judges have defended the broad scope of the injunctions, saying theyâre necessary to avoid purported harms resulting from executive action.
âThe reason the executive orders are unconstitutionalânamely that, at minimum, they violate the separation of powersâare applicable to jurisdictions throughout the country,â U.S. District Judge Brendan Hurson said in February while blocking Trumpâs order on âgender-affirming care.â
âThe necessity of a nationwide injunction is underscored by the fact that hospitals all over the country could lose access to all federal funding if they continue to provide gender-affirming medical care.â
In issuing a preliminary injunction on Trumpâs birthright citizenship order, U.S. District Judge John Coughenour said in February that a geographically limited injunction would be âineffectiveâ because plaintiff states would have to pay for the children of illegal immigrants who travel from other states.
âUniversal injunctions have reached epidemic proportions since the start of the current administration,â Harris said.
She also said that âonly [the Supreme Courtâs] intervention can prevent universal injunctions from becoming universally acceptable.â
Itâs unclear how the Supreme Court will rule or what kinds of challenges Grassleyâs legislation may face in the courts.
While speaking at Northwestern Universityâs law school in 2022, Justice Elena Kagan said, âIt just canât be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years that it takes to go through the normal process.â
Meanwhile, Justice Sonia Sotomayor backed a nationwide injunction issued against Trumpâs travel ban.
âThe District Court did not abuse its discretion by granting nationwide relief,â she said, before noting âunique circumstancesâ in the case.
Washington and Lee University Law School professor Doug Rendleman cited Sotomayorâs opinion while defending the use of nationwide injunctions.
âA nationwide national government injunction may be the only way to extend complete relief to plaintiffs, protect their entitlements, and … avoid illegal or unconstitutional government policies that harm thousands of others.â
Original News Source Link – Epoch Times
Running For Office? Conservative Campaign Consulting – Election Day Strategies!