House Passes Bill to Limit Nationwide Injunctions

The House on Wednesday passed legislation that will prevent federal district court judges from issuing nationwide injunctions in a move that seeks to halt rulings that have hampered President Donald Trump's agenda.

The legislation, the No Rogue Rulings Act, passed by a 219-213 vote, with only one Republican, Rep. Scott Turner of Ohio, joining the Democrat minority. Article III of the Constitution gives Congress authority over how lower federal courts operate.

The bill, introduced by Rep. Darrell Issa, R-Calif., prohibits district court judges from issuing an injunction unless the injunction applies only to the parties of the case before the court. In a case where two or more states from different districts are challenging an executive branch action, the case will be referred to a three-judge panel randomly selected and not by the circuit's chief judge. The panel could then issue an injunction that would otherwise be prohibited under the bill.

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, which advanced the legislation to the House floor, said the bill "will rein in activist judges and restore district courts to their proper role."

"By limiting judges' ability to issue nationwide injunctions, [the bill] ensures that policy decisions remain with the democratically elected branches of government, not unelected judges," Jordan said Wednesday night in a news release. "This bill will protect the constitutional separation of powers and prevent rogue judges from undermining the will of the people."

Federal district court judges have issued a smattering of temporary nationwide injunctions against Trump executive orders ranging from restrictions on birthright citizenship, firing probationary federal employees, indefinitely suspending refugee admissions and processing, and deporting violent members of illegal immigrant gangs.

"We took on the activist judges and their rogue rulings," Issa wrote in a post on X. "Now it's on to the Senate to send this to the desk of @realDonaldTrump."

The bill faces an uncertain future in the Republican-controlled Senate because seven Democrats would need to get on board to break any filibuster. Considering no Democrats supported the House measure, Republicans will need to curry favor with the minority party in the upper chamber for the measure to reach Trump's desk.

"Democrats and their allies are fighting tooth and nail to stop Republicans from securing our borders, lowering costs, and reindustrializing America," Rep. John James, R-Mich., wrote in a post on X. "The No Rogue Rulings Act says ENOUGH to far-left activists hell-bent on preserving the failing status quo!"

In another post on X, Rep. Tom Barrett, R-Mich., said in a video: "The United States Congress created the district courts to begin with; of course it's within our authority to decide the scope of the authority that they have. This is an important check to return the balance of power back to the people."