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H.R. 893 (117th): Court Shopping Deterrence Act

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The text of the bill below is as of Feb 5, 2021 (Introduced). The bill was not enacted into law.

Summary of this bill

The Republican bill would increase the odds of the conservative Supreme Court overruling left-leaning “nationwide injunction” decisions by a lower court.

Context

The Supreme Court can declare laws, executive orders, or regulations as unconstitutional nationwide. Lower level district courts can do the same, but traditionally the ruling is appealed by the losing party. It’s generally not the final decision, unless a higher court declines to take up the case.

In other words, the law usually wasn’t actually struck down by a district court — it was just a preliminary ruling. So the law (or executive order or regulation) itself would still remain in effect in the meantime.

Until recently. The …

I

117th CONGRESS

1st Session

H. R. 893

IN THE HOUSE OF REPRESENTATIVES

February 5, 2021

(for himself, Mr. Brooks, Mr. Fleischmann, Mr. DesJarlais, Mr. Biggs, Mr. Burchett, and Mr. Steube) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to provide that an appeal of an order granting a nationwide injunction issued by a district court of the United States shall lie to the Supreme Court.

1.

Short title

This Act may be cited as the Court Shopping Deterrence Act.

2.

Appeal of order granting a nationwide injunction

(a)

In General

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

2285.

Appeal of order granting a nationwide injunction

(a)

In general

In the case that a district court of the United States grants a nationwide injunction, the appeal from the order granting such injunction shall lie to the Supreme Court.

(b)

Definition

In this section, the term nationwide injunction means an order issued by a Federal court that purports to restrain the enforcement of a Federal statute, regulation, order, or similar authority against a non-party, 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. Appeal of order granting a nationwide injunction.

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