Injunctive Authority Clarification Act of 2018
This bill prohibits federal courts from issuing injunctive orders that bar enforcement of a federal law or policy against a nonparty, unless the nonparty is represented by a party in a class action lawsuit.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6730 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6730
To amend title 28, United States Code, to prohibit the issuance of
national injunctions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2018
Mr. Goodlatte introduced the following bill; which was 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 ``Injunctive Authority Clarification
Act of 2018''.
SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT AGAINST NON-PARTIES.
(a) In General.--Chapter 155 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2285. Orders purporting to restrain enforcement against non-
parties
``No court of the United States (and no district court of the
Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an
order that purports to restrain the enforcement against a non-party of
any statute, regulation, order, or similar authority, unless 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. Orders purporting to restrain enforcement against non-
parties.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 6.
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