Injunctive Authority Clarification Act of 2021 (H.R 43; 117th Congress)

117th CONGRESS 1st Session

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

Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary

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 2021”.

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:

“§ 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.”.