Court Shopping Deterrence Act
Summary
What This Bill Does
The Court Shopping Deterrence Act adds a new 28 U.S.C. section 2285. When a federal district court grants a nationwide injunction, the appeal from that order lies directly to the Supreme Court. The bill defines a nationwide injunction as a federal court order that purports to restrain enforcement of a federal statute, regulation, order, or similar authority against a nonparty, unless the nonparty is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure. The practical effect is to bypass the regional courts of appeals for these injunctions and put the Supreme Court in direct control of appellate review.
Who Benefits and How
Federal agencies benefit because nationwide injunctions against federal statutes or regulations would receive immediate Supreme Court appellate review. Federal defendants benefit from a faster route to the Supreme Court when a single district court blocks federal policy for nonparties. Supreme Court clerks benefit institutionally from direct jurisdiction over a high-stakes injunction category. Opponents of forum shopping benefit if litigants have less incentive to seek nationwide relief from a favorable district court.
Who Bears the Burden and How
Plaintiffs seeking nationwide injunctions face direct Supreme Court review rather than ordinary regional appellate review. Regional appellate courts lose initial appellate jurisdiction over covered nationwide injunction orders. Supreme Court justices and clerks face additional direct appeals from district court injunction orders. District court litigants must assess whether requested relief reaches nonparties and triggers the new appeal route.
Key Provisions
- Creates a direct Supreme Court appeal path for orders granting nationwide injunctions.
- Defines nationwide injunctions by whether they restrain federal authority against nonparties.
- Excludes nonparties represented through a proper representative capacity under civil procedure rules.
- Amends the chapter 155 table of sections to add section 2285.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Routes appeals from district court orders granting nationwide injunctions directly to the Supreme Court and defines nationwide injunctions as orders restraining enforcement of federal authority against nonparties not represented in a proper representative capacity.
Key Policy Areas
Courts, Administrative Law, Federal Litigation
Primary Purpose
Routes appeals from district court orders granting nationwide injunctions directly to the Supreme Court and defines nationwide injunctions as orders restraining enforcement of federal authority against nonparties not represented in a proper representative capacity.
Policy Domains
Resolution provisions
Identified Gains
- Federal agencies
- Federal defendants
- Supreme Court clerks
- Opponents of forum shopping
Identified Costs
- Plaintiffs seeking nationwide injunctions
- Regional appellate courts
- Supreme Court justices
- District court litigants
Sponsors
Legislative Progress
In CommitteeMr. Rose introduced the following bill; which was referred to …
Referred to the House Committee on the Judiciary.
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Regional appellate courts, Supreme Court clerks, Supreme Court justices
Plaintiffs seeking nationwide injunctions
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology