Republican Bill to Curb Nationwide Injunctions Passes US House

Legislation to prevent US trial courts from issuing rulings that apply nationwide passed the House in the latest effort by Republicans to push back against judges who’ve ruled against President Donald Trump’s agenda.

The legislation (HR 1526) passed 219-213 on Wednesday, but similar legislation is unlikely to gain traction in the Senate given the narrow Republican majority. All Democrats and one Republican, Rep. Mike Turner (R-Ohio), voted against the measure.

The “No Rogue Rulings Act” led by Rep. Darrell Issa (R-Calif.), would limit federal district court judges’ ability to hand down nationwide injunctions, and instead would mean that lower court rulings generally apply only to the parties who sued. The bill would permit nationwide orders in litigation brought by multiple states in different judicial circuits and heard by a three-judge panel.

Restraining judicial authority has emerged as a key issue for congressional Republicans, following dozens of court rulings that have halted White House efforts to slash the federal workforce and limit immigration.

House Republicans have moved to impeach judges who’ve ruled against Trump and proposed adding language in appropriations bills funding the judiciary to curb court power.

Judiciary Committee Chair Jim Jordan (R-Ohio) has said that “everything’s on the table” in his party’s bid to curb judicial authority, including legislative solutions, the appropriations process, and oversight.

Issa, who leads the Judiciary Committee’s court panel, said on the House floor on Tuesday that nationwide injunctions allow judges “to dictate national policy and to thwart the Constitution, to take rights reserved to Congress and the President of the United States.”

Issa also argued that concerns about nationwide injunctions aren’t partisan, citing past support from Democrats on the issue.

Rep. Jamie Raskin (D-Md.), the top Democrat on the Judiciary Committee, said on the floor that requiring each individual to challenge an illegal policy to be shielded from it is “patently absurd.”

Nationwide injunctions “play an essential role in protecting our democracy and holding the political branches accountable,” said Rep. Pramila Jayapal (D-Wash.), a Judiciary Committee member.

Senate Republicans have rallied behind the House effort and introduced similar legislation. However, they’d need support of at least seven Democrats to advance the measure under chamber rules.