WASHINGTON, D.C. – Senator Thom Tillis, member of the Senate Judiciary Committee, has co-sponsored the Judicial Relief Clarification Act of 2025 (JRCA), legislation that would limit federal court orders to parties directly before the court – ending the practice of universal injunctions and clarifying the constitutional role of the judicial branch.
Under this legislation, parties seeking nationwide relief would be required to file a class action lawsuit. The bill would amend the Administrative Procedure Act and the Declaratory Judgment Act to limit courts’ decisions to the parties before them, and make temporary restraining orders (TROs) immediately appealable.
“The judiciary branch plays an important role in our nation’s political system, but it has become clear that the federal court’s use of nationwide injunctions is unsustainable,” said Senator Tillis. “This commonsense legislation will clarify the scope of judicial rulings and increase the threshold for judges to issue decisions that affect every American.”
Background:
Article III, Section 2 of the Constitution limits courts to deciding “cases” or “controversies.” Nevertheless, it has become increasingly common for federal judges to issue sweeping “universal injunctions” that apply even to people who are not before the court. Universal injunctions defy two centuries of historic precedent. Scholars have found no clear record of such an order before 1963 – they have only become common in the last decade. In the first two months of President Trump’s second term, district court judges have issued more universal injunctions against his policies than the Biden administration experienced in four years.
Concern about this recent practice spans the ideological spectrum. In 2020, Justices Gorsuch and Thomas explained: “By their nature, universal injunctions tend to force judges into making rushed, high-stakes, low-information decisions.” In 2022, Justice Kagan said: “It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years that it takes to go through the normal process.”
The Supreme Court can and should end this practice, but has failed to do so. However, Article III gives Congress the authority to establish, organize and regulate the jurisdiction of federal courts.
Congress has also enacted rules governing the review of agency actions through the Administrative Procedure Act of 1946 (APA). Under Section 706 of the APA, a person or entity that claims to have been unlawfully harmed by a federal agency action may seek relief in federal court. Currently, many courts interpret the APA to allow for a single district judge to vacate agency actions for everyone, including parties that are not before the court.
What we really need is more politicians the follow the law and stop believing that they are above the law or try to get around the law. The Constitution was written with enshrined checks and balances to protect the country from the likes of Orange
Dictator Want-a-be’s, and all politicians that believe that laws don’t apply to them. This is just another example of politicians not liking the outcome so they decided to change the rules to circumvent the Constitution.Our forefathers are rolling around in their graves.
This example in particular is Tillis kissing Trump’s *** because he’s worried about being primaried. Another politician with no spine.
Additionally, the same issue was ok when Republicans used the courts for universal injunctions against a democratic administration. Sounds like a bunch of power grabbing dictator hypocrites!!!!!!!!
All the Republican have got to be a********s to the orange face fish mouth dictator wantabe
They should be thinking about impeaching him instead and helping the country out
Senator Tillis should use his time and efforts better. It seems like he has amnesia as to how the three branches of government work and the legality of the courts authority. Which is sad that he is not using good sense and bowing to the lies and bigotry of a white South African reject. But what can I expect from a Senator whose track record used to be on his constituents issues before Trumplican came and used all of their greed and shortcomings against them. It’s public record that he went from saying no we use sense here to “we will take directive from the president”. Your constituents elected you Senator Tillis and it’s our interests that you are PAID to carry out, not the president. But carry on sir and let’s see if the amnesia lifts…..
Sad times. Things falling apart for the “normal” folks and senators worried about power grab. Glad they’re focused on what they were ELECTED for. At the end of the day they are ALL public SERVANTS. Time to get them to act like it.
Tillis needs to be replaced. Funny coming from a man that votes for everything the rapist, felon, lunatic trump wants. So. How do you like the nc courts stealing an election a democrat clearly won. Replace them all. Thieves, cowards, and right-wing nutjobs.
Venue shopping was ok for Republican causes to file in an East Texas court to fight Biden. Why such a bad thing for the opposition?
Judicial history. Many moons ago, there were hanging chads, which ironically, the Court decided on and changed an entire national election. Then, there was the overturning of Roe V Wade, which again applied to everybody. So I guess what is stumping me personally is the pick and choose attitude of Senator Tillis. While he may seem quite concerned about civil rights with his writing hand, his mouth remains silent with a No Vote on the record for women’s rights.
When you seek remedies in federal court the resulting ruling is enforced federally…my federal rights are the same ANYWHERE in the USA so a federal injunction in Georgia MUST by application be enforced everywhere.