WASHINGTON – Today, U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Chuck Grassley (R-IA) and their colleagues to introduce 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.
“President Trump has exposed the fact that our courts are full of woke activist judges who think they were elected President. But they were not,” said Senator Tuberville. “More than 77 million Americans voted for President Trump and his agenda – and liberal judges should not be allowed to issue injunctions on policies they do not agree with. We need our justice system to focus on upholding the Constitution, not pushing an agenda. If judges have a problem with that, they can run for political office.”
“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,” Senator 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. John Barrasso (R-WY), Marsha Blackburn (R-TN), Katie Britt (R-AL), Ted Budd (R-NC), Bill Cassidy (R-LA), John Cornyn (R-TX), Kevin Cramer (R-ND), Ted Cruz (R-TX), Steve Daines (R-MT), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Jim Justice (R-WV), John Kennedy (R-LA), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Ashley Moody (R-FL), Bernie Moreno (R-OH), Eric Schmitt (R-MO), and Thom Tillis (R-NC).
Read the bill here and a fact sheet here.
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.
Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, HELP and Aging Committees.
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