- Federal agenciesReduces exposure of litigating attorneys to federal agency enforcement actions and federal private suits.
- StatesReinforces judicial regulation by clarifying courts and state bar authorities control attorney discipline.
- Federal agenciesPotentially lowers liability costs and malpractice premiums for attorneys by narrowing federal enforcement scope.
Restoring Court Authority Over Litigation Act of 2025
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for con…
The bill creates 28 U.S.C. §1632 to define "litigation activities" and bar federal agencies from exercising supervisory, enforcement, or regulatory authority over attorneys or law firms when performing litigation activities. It prohibits private civil actions in United States federal courts seeking relief for alleged misconduct tied to an opposing attorney's litigation activities.
Progressives emphasize lost federal consumer protections and remedies
Relative to its intended legislative type, this bill is a direct substantive statutory intervention that is clear in purpose and provides specific statutory language (new 28 U.S.C. 1632 and conforming amendments) to accomplish its primary aims.
The bill creates 28 U.S.C. §1632 to define "litigation activities" and bar federal agencies from exercising supervisory, enforcement, or regulatory authority over attorneys or law firms when performing litigation activities.
It prohibits private civil actions in United States federal courts seeking relief for alleged misconduct tied to an opposing attorney's litigation activities.
The bill also amends the Fair Debt Collection Practices Act and the Consumer Financial Protection Act to exclude licensed attorneys engaged in litigation activities from the statutory definition of debt collectors and related CFPB coverage.
Narrow text eases drafting, but significant policy conflict with federal consumer-enforcement aims and likely political resistance raise barriers.
Relative to its intended legislative type, this bill is a direct substantive statutory intervention that is clear in purpose and provides specific statutory language (new 28 U.S.C. 1632 and conforming amendments) to accomplish its primary aims. The bill includes useful definitions and targeted amendments to key statutes to implement the change.
Progressives emphasize lost federal consumer protections and remedies
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesLimits federal enforcement tools addressing abusive litigation conduct, reducing consumer protections in federal forums.
- Federal agenciesBars federal private actions, preventing consumers from suing opposing attorneys in federal court for litigation miscon…
- Federal agenciesCould weaken deterrence and incentivize misconduct by removing federal civil liability and agency oversight.
Why the argument around this bill splits.
Progressives emphasize lost federal consumer protections and remedies
Likely concerned the bill weakens federal consumer protections and removes a pathway for federal redress against abusive litigation practices.
They would view the preclusion of federal private suits and agency oversight as reducing accountability and possibly harming vulnerable consumers, though the impact on state disciplinary effectiveness is uncertain.
Will weigh restoring traditional judicial oversight against the loss of federal enforcement tools; sees legitimate concerns on both sides.
Likely to support preserving courts' authority but wants safeguards ensuring consumers retain effective, consistent remedies; effects on litigation practices are partly uncertain.
Likely supportive because the bill limits executive-branch regulatory expansion and reasserts judicial primacy in attorney oversight.
Views the measure as correcting agency overreach (CFPB, FTC) and preventing private plaintiffs from weaponizing federal statutes against litigators, though minor concerns about consumer recourse may be acknowledged.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Narrow text eases drafting, but significant policy conflict with federal consumer-enforcement aims and likely political resistance raise barriers.
- No official cost or OMB estimate included
- Scope ambiguity for pre-litigation or hybrid activities
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives emphasize lost federal consumer protections and remedies
Narrow text eases drafting, but significant policy conflict with federal consumer-enforcement aims and likely political resistance raise ba…
Relative to its intended legislative type, this bill is a direct substantive statutory intervention that is clear in purpose and provides specific statutory language (new 28 U.S.C. 1632 and conforming amendments) to acc…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.