H.R. 6730House115th Congress (2017-2019)In Committee

Injunctive Authority Clarification Act of 2018

Introduced September 7, 2018

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Updated April 15, 2026 at 11:32 PM UTC

The Injunctive Authority Clarification Act of 2018 would change federal law to stop U.S. courts from issuing nationwide injunctions that block the enforcement of a law or regulation against people or entities who are not parties to the lawsuit. It requires that any such non‑party be represented by a party in the case before a court can issue an order affecting them. The change applies to all federal courts, including district courts in U.S. territories.

Key Provisions

  • Adds a new section (2285) to Title 28 that bars any U.S. court from issuing an order that restrains enforcement against a non‑party unless that non‑party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure.
  • Updates the table of sections in Chapter 155 of Title 28 to include the new Section 2285.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 6.

September 13, 2018

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HouseIntro Referral

Introduced in House

September 7, 2018

HouseIntro Referral

Referred to the House Committee on the Judiciary.

September 7, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 13, 2018

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 6.

September 13, 2018

Bill Text

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Introduced in HouseIssued September 7, 2018

I

115th CONGRESS

2d Session

H. R. 6730

IN THE HOUSE OF REPRESENTATIVES

September 7, 2018

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

A BILL

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

1.

Short title

This Act may be cited as the Injunctive Authority Clarification Act of 2018.

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.

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(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.

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