Accountable.US: So-Called ‘No Rogue Rulings Act’ Is a Gift to Conservative States and a Smokescreen for Right-Wing Judge Shopping

WASHINGTON, D.C. – As the House prepares to vote on Republican Rep. Darrell Issa’s No Rogue Rulings Act of 2025, Accountable.US is sounding the alarm on this dangerous piece of legislation that constrains normal judicial review while giving Republican-led states a fast track to nationwide injunctions—i.e., broad judicial orders pausing the implementation of a policy—through a system rife with right-wing judge shopping. Far from a neutral reform, the No Rogue Rulings Act will help Republicans accelerate President Trump’s power grab at the expense of the judiciary and set the stage for activist right-wing judges to stymie future Democratic administrations.

While proponents claim the bill would apply neutrally and curb judicial activism, the fine print tells a different story: It gives Republican attorneys general a special carveout, letting them bypass restrictions everyone else must follow. 

Here’s a closer look at what they’re claiming, and what’s really going on:

🚫 CLAIM: The No Rogue Rulings Act of 2025 would apply equally to all litigants, regardless of political belief or partisan affiliation.

✅ REALITY: The bill was quietly amended to give special privileges to lawsuits brought by two or more states—creating a carveout that allows states to secure broad injunctions through a three-judge panel. This advantage is tailor-made for Republican AGs who frequently sued to stop President Biden’s policies in the conservative Fifth Circuit, a jurisdiction known for its judicial activism and unprecedented rulings.

🚫 CLAIM: The No Rogue Rulings Act of 2025 is free of Trump-world influence.

✅ REALITY: The legislation’s “three-judge panel” provision was previewed on Fox News by Mike Davis, a close Trump ally dubbed the President’s “chief legal defender.” Davis and his organization, the Article III Project, openly coordinated with Congress to design this bill. One of Davis’s top allies, Stephen Kenney, now advises the Trump White House on judicial nominations. This is not a neutral reform—it’s part of a broader agenda to consolidate Trump’s power and embolden right-wing judges.

🚫 CLAIM: Conservatives have shown a commitment to reforming the federal judiciary so it is fair and just.

✅ REALITY: Judge shopping has become a go-to legal strategy for Republicans, especially in the Northern District of Texas where cases are all but guaranteed to land before Republican-appointed judges. In fact, the bill’s provisions would preserve this very pipeline by enabling conservative-led states to keep winning broad injunctions, like in the ongoing challenge to the FDA’s approval of the abortion drug mifepristone. The nonpartisan Judicial Conference has recommended reforms to curb judge shopping, which the Northern District of Texas has refused to adopt. The End Judge Shopping Act, introduced in the last Congress, sought to curb the practice by putting the Judicial Conference’s recommended policy of random case assignment into law. Forty-three Democratic and independent Senators sponsored the legislation. No Republicans joined them in this effort.

Rather than curbing judicial overreach, the No Rogue Rulings Act would create a two-tiered legal system—one where Republican-led states enjoy a fast track to nationwide injunctions while everyone else is shut out. With over a third of Republican-led lawsuits against the Biden administration having been funneled through the hyper-conservative Fifth Circuit, this legislation doesn’t fix judge shopping—it formalizes it. This bill—along with others, like the PEPPER Act—is less about restoring balance to the judiciary and more about rigging the rules to keep power in the hands of the far right.

To learn more about the No Rogue Rulings Act of 2025, read Accountable.US’s report here.

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