S. 1206

Judicial Relief Clarification Act of 2025

Shown here: Introduced in Senate (2025-03-31)

To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes.

1. Short title

This Act may be cited as the “Judicial Relief Clarification Act of 2025”.

2. Non-party relief

(a) In general

Chapter 155 of title 28, United States Code, is amended by adding at the end the following:

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.

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.

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”.

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”.

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.

2. Non-party relief

(a) In general

Chapter 155 of title 28, United States Code, is amended by adding at the end the following:

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.

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.

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”.