NORRA of 2025

The general ban on injunctions now explicitly covers non-parties represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure (e.g., class action representatives), broadening who is protected from being bound by an injunction.

A new subsection (b) requires that when two or more states in different circuits challenge an executive branch action, the case must be referred to a three-judge panel selected under section 2284, but with random selection of judges rather than appointment by the circuit chief judge.

The three-judge panel must consider three factors when deciding whether to issue an injunction: the interest of justice, the risk of irreparable harm to non-parties, and the preservation of constitutional separation of powers.

The three-judge panel created under subsection (b) is authorized to issue injunctions that would otherwise be prohibited by the general ban in subsection (a), making it an exception to the core restriction.

A new subsection (c) allows appeals from three-judge panel orders to go either to the circuit court or directly to the Supreme Court at the preference of the appealing party, providing a faster path to final review.

The short title was updated to include 'of 2025' for temporal specificity.