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If Congress really wants to stop these lower courts from usurping the president's constitutional powers, they need draft and pass legislation to strip of them of their ability to do so. Here is a preliminary draft:
Limiting Judicial Overreach Act of 2025
A BILL
To amend Title 28 of the United States Code to restrict the authority of United States district courts to issue injunctions with nationwide effect, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Limiting Judicial Overreach Act of 2025."
SECTION 2. FINDINGS AND PURPOSE.
(a) Findings.—Congress finds that:
(1) The Constitution of the United States vests judicial power in the federal courts to resolve cases and controversies between specific parties.
(2) The issuance of nationwide injunctions by United States district courts, which extend beyond the parties and geographic jurisdiction of the issuing court, has disrupted the uniform administration of federal law and encroached upon the legislative and executive branches’ authority.
(3) Such injunctions have led to forum shopping, conflicting rulings, and undue interference with national policy, undermining the rule of law and the separation of powers.
(4) Congress has the authority under Article III, Section 2, Clause 2 of the Constitution to regulate the jurisdiction and remedial powers of the inferior federal courts.
(b) Purpose.—The purpose of this Act is to clarify and limit the scope of injunctive relief issued by United States district courts to prevent overreach and ensure that such relief is tailored to the parties and jurisdiction before the court.
SECTION 3. LIMITATION ON NATIONWIDE INJUNCTIONS.
Title 28 of the United States Code is amended by adding the following new section after section 2284:
§ 2285. Limitation on Scope of Injunctive Relief by District Courts
(a) Definition.—For purposes of this section:
(1) The term "injunction" means any order issued by a United States district court that prohibits or mandates an action by a party, including preliminary injunctions, permanent injunctions, and temporary restraining orders.
(2) The term "nationwide injunction" means an injunction that purports to apply beyond the parties to the case and the geographic jurisdiction of the issuing district court, including an injunction that suspends or enjoins the enforcement of a federal statute, regulation, or executive action on a nationwide basis.
(b) Restriction on Nationwide Injunctions.—
(1) No United States district court shall issue an injunction that extends beyond:
(A) the specific parties before the court; or
(B) the geographic boundaries of the judicial district in which the court sits, whichever is narrower.
(2) Any injunction issued by a district court shall be limited in scope to provide relief only to the named plaintiffs or defendants in the case, or to persons or entities within the court’s territorial jurisdiction, unless expressly authorized by an Act of Congress.
(c) Exception.—This section shall not apply to:
(1) injunctions issued to enforce a final judgment of the Supreme Court of the United States; or
(2) cases in which Congress has explicitly granted district courts the authority to issue injunctions with broader geographic or remedial scope by statute.
(d) Severability of Injunctions.—If any portion of an injunction issued by a district court is found to exceed the limitations set forth in subsection (b), that portion shall be severed and deemed unenforceable, while the remainder of the injunction shall remain in effect to the extent it complies with this section.
(e) Appellate Review.—
(1) Any party to a case in which an injunction is issued, or any person directly affected by such an injunction, may seek expedited review in the appropriate United States Court of Appeals to determine compliance with this section.
(2) The Court of Appeals shall issue a ruling on such a challenge within 60 days of the filing of the appeal, unless exceptional circumstances require additional time, as determined by the court.
(f) Rule of Construction.—Nothing in this section shall be construed to limit the authority of the Supreme Court of the United States or the United States Courts of Appeals to issue injunctions or other equitable relief consistent with their respective jurisdictions.
SECTION 4. IMPLEMENTATION AND EFFECTIVE DATE.
(a) Applicability.—This Act shall apply to all injunctions issued, modified, or enforced by a United States district court on or after the effective date of this Act, including pending cases.
(b) Effective Date.—This Act shall take effect 30 days after the date of its enactment.
SECTION 5. SEVERABILITY.
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
@SpeakerJohnson @POTUS @VP
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