ACLU Responds to House Passage of H.R. 1526, Limiting Courts’ Ability to Rein in Abuses of Power

WASHINGTON – This evening, the House of Representatives passed H.R. 1526, legislation that would constrain federal courts’ ability to stop the executive branch from carrying out illegal or unconstitutional actions.

This bill – if passed by the Senate – will prohibit federal district courts from issuing injunctive relief that extends beyond the parties of a particular case. In essence, federal district courts would no longer be able to issue nationwide injunctions when examining federal policies, even if those policies have nationwide effects. These types of injunctions ensure that courts can prevent civil rights and liberties violations for thousands – and at times millions – of people who are in similar positions to a case’s litigants. These injunctions have been used in multiple instances during both Democratic and Republican presidencies, including to block potentially unlawful executive orders or federal policies with devastating consequences while legal challenges could proceed.

Mike Zamore, national director of policy and government affairs at the ACLU, released the following response:

“The House majority tonight voted for another step towards unchecked presidential power. When people felt the Biden administration infringed their rights with its COVID vaccine mandate for employees of federal contractors, they got a nationwide injunction. When our newest citizens were threatened by the Trump administration’s executive order targeting the Constitution’s guarantee of birthright citizenship, their mothers got a nationwide injunction. This isn’t a partisan question. If we want presidents to obey the law, courts need to be able to stop them when they’re overstepping. The Senate needs to reject this bill.”