WASHINGTON (March 31, 2025) – Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, today joined Sen. Chuck Grassley (R-Iowa) and colleagues in introducing the Judicial Relief Clarification Act, a bill that would address judicial overreach by prohibiting federal courts from granting relief to anyone except the parties before them.
“Some courts in this country have chosen to weaponize universal injunctions to stop the Trump administration from delivering on its promises to the American people. This bill will make sure that judges can only rule on the cases before them, rather than imposing their will on the entire country,” said Kennedy.
“For a number of years, but particularly in the last few months, we’ve increasingly seen sweeping orders from individual district judges that dictate national policy. Our Founders saw an important role for the judiciary, but the Constitution limits judges to exercising power over ‘cases’ or ‘controversies.’ Judges are not policymakers, and allowing them to assume this role is very dangerous. The Judicial Relief Clarification Act clarifies the scope of judicial power and resolves illegitimate judicial infringement upon the executive branch. It’s a commonsense bill that’s needed to provide long-term constitutional clarity and curb district courts’ growing tendency to overstep by issuing sweeping, nationwide orders,” said Grassley.
Background:
- A universal injunction is a court order that prohibits the government from implementing a law or policy against anyone, including those not involved in the case.
- Federal courts issued universal injunctions against the Trump administration at least 86 times during its first term in office. The current Trump administration is already facing a flood of universal injunctions—many of which originated in liberal states such as New York and California.
- By contrast, the Biden administration faced 28 universal injunctions in four years. The Obama administration only faced 12.
- In addition to dealing with universal injunctions, the bill amends the Administrative Procedure Act to prohibit courts from using the Act to grant universal relief to non-parties who are challenging an agency action—a practice that closely resembles universal injunctions.
- Courts have also weaponized Temporary Restraining Orders (TRO), which similarly halt the federal government from implementing laws or policies. TROs are not appealable, meaning district judges can use TROs to avoid appellate review of their decisions. To address this, the bill would make TROs against federal or state governments immediately appealable.
Sens. John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Bill Cassidy (R-La.), John Cornyn (R-Texas), Kevin Cramer (R-N.D.), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Bill Hagerty (R-Tenn.), Jim Justice (R-W.Va.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Ashley Moody (R-Fla.), Bernie Moreno (R-Ohio), Eric Schmitt (R-Mo.), Thom Tillis (R-N.C.) and Tommy Tuberville (R-Ala.) also cosponsored the bill.
The full text of the bill is available here.
