No Political Enemies Act
Sponsored By: Senator Sen. Murphy, Christopher [D-CT]
Introduced
Summary
ban political targeting by federal officials. This bill would protect U.S. citizens, residents, and domestic organizations from enforcement actions substantially motivated by protected political speech. It would create defenses, lawsuits, fee awards, funding limits, and reporting rules to stop or undo such actions.
Show full summary
- Families, activists, and businesses could ask federal courts to block investigations or enforcement actions that are substantially motivated by protected speech. They could seek injunctions and, if constitutional rights were violated, recover damages.
- Covered federal officials and agencies would face a heightened government burden to prove enforcement actions were not politically motivated by clear and convincing evidence. The measure would bar use of federal funds for covered actions substantially motivated by protected speech.
- Courts and lawyers would see broader remedies and costs rules. Judges could order expedited discovery and in-camera reviews, and may award attorneys’ fees without a statutory cap when government actions were driven by protected speech. The Attorney General would also provide regular public reports to Congress on major investigations and enforcement decisions.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
Money damages and fee awards
If enacted, a covered person could sue a covered Federal official for money damages when the official knowingly started an action substantially motivated by the person's protected speech and the person's constitutional rights were violated. The bill would limit official immunity to the maximum allowed by the Constitution and would restrict when the United States must indemnify officials. Courts could also order the United States to pay reasonable attorneys' fees and costs to parties who substantially prevail in qualifying criminal or civil matters, and those awards would not be subject to several current statutory caps.
Suing to stop political targeting
If enacted, a covered person would be able to raise an affirmative defense that an enforcement claim was substantially motivated by protected speech. Courts would order expedited discovery into the government's motives and could review privileged materials in camera if the Attorney General claims privilege. Showing a likelihood of success on political motivation would be enough to establish irreparable harm for emergency or preliminary relief. Courts would also be able to enjoin tax assessment or collection in cases where denial, investigation, or revocation of tax‑exempt status is substantially motivated by protected speech.
Ban on politically motivated enforcement
If enacted, the bill would bar covered Federal officials from starting or directing investigations, prosecutions, regulatory, or enforcement actions when the action is substantially motivated by a person's protected speech or participation. It would also bar obligating or spending Federal funds for any covered action that is substantially motivated by protected speech. Any person harmed by a violation of the funding ban would be able to sue in Federal district court to stop the spending.
Who is protected and what’s covered
If enacted, the bill would define exactly who the law calls a "covered person" and what government actions are covered. Covered persons would include U.S. citizens and nationals, lawful permanent residents, people present in the U.S. or territories, and domestic entities organized under U.S. or state law (including U.S. branches abroad). Covered Federal officials would include executive branch officers and employees, including the President and Vice President. The bill would also say a government action is "substantially motivated" when protected speech is a motivating factor, and clarify that some political‑speech statutes are not automatically dispositive.
Quarterly DOJ reports to Congress
If enacted, the Attorney General would have to send the House and Senate Judiciary Committees an unclassified report within 30 days after each quarter ends. Reports would summarize covered criminal investigations, prosecutions, and enforcement actions that required headquarters approval or were designated significant, and would explain approval or declination decisions and major policy changes. The AG would also have to notify those Committees within three business days after certain court orders affect prosecutorial declarations.
Severability if part is invalid
If enacted, the bill would say that if a court strikes down any part of the Act, the rest of the Act would stay in effect. The clause would keep other provisions from falling away if one provision is held unconstitutional.
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Sponsors & CoSponsors
Sponsor
Sen. Murphy, Christopher [D-CT]
CT • D
Cosponsors
Charles Schumer
NY • D
Sponsored 1/14/2026
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 1/14/2026
Richard Blumenthal
CT • D
Sponsored 1/14/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 1/14/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 1/14/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 1/14/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 1/14/2026
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 1/14/2026
Chris Van Hollen
MD • D
Sponsored 1/14/2026
Peter Welch
VT • D
Sponsored 1/14/2026
Roll Call Votes
No roll call votes available for this bill.
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