117th CONGRESS 1st Session |
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.
February 5, 2021
Mr. Rose (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
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Court Shopping Deterrence Act”.
SEC. 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:
Ҥ 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. ”.