Landmark legislation would put a stop to unconstitutional judicial overreach
WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) today introduced the Judicial Relief Clarification Act of 2025 (JRCA). The bill 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.
“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,” Grassley said. “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.”
The legislation is cosponsored by Sens. Jim Banks (R-Ind.), 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.), Joni Ernst (R-Iowa), Lindsey Graham (R-S.C.), Bill Hagerty (R-Tenn.), Jon Husted (R-Ohio), Jim Justice (R-W.Va.), John Kennedy (R-La.), 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.).
Download bill text HERE and a fact sheet HERE.
Grassley previewed the legislation in a speech on the Senate floor and a Wall Street Journal op-ed.
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.
Grassley has repeatedly offered amendments and raised concerns on the Senate floor regarding unlawful district court orders. Earlier this month, he sent a letter to Attorney General Pam Bondi denouncing judicial overreach.
On Wednesday, April 2, Grassley will chair a Judiciary Committee hearing titled “Rule by District Judges II: Exploring Legislative Solutions to the Bipartisan Problem of Universal Injunctions.”
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