Protecting Our Courts from Foreign Manipulation Act of 2025
Summary
The "Protecting Our Courts from Foreign Manipulation Act of 2025" aims to increase transparency and oversight of third-party litigation funding by foreign entities in U.S. courts. It requires disclosure of foreign funding sources and prohibits funding by foreign states and sovereign wealth funds. The bill mandates reporting to Congress on foreign third-party litigation funding activities.
Expected Effects
This act will likely increase transparency in civil litigation by requiring disclosure of foreign funding. It may also reduce the influence of foreign states and sovereign wealth funds in U.S. court cases. The act could also lead to increased scrutiny of litigation funding agreements.
Potential Benefits
- Increased transparency in civil litigation.
- Reduced potential for undue influence by foreign entities in U.S. courts.
- Enhanced national security by limiting foreign state involvement in legal proceedings.
- Provides more information to the Attorney General and Congress regarding foreign influence in the US legal system.
- Could deter frivolous lawsuits funded by foreign entities.
Potential Disadvantages
- May increase the administrative burden on parties involved in civil litigation due to disclosure requirements.
- Could potentially deter legitimate foreign investment in U.S. legal claims.
- May lead to increased litigation costs due to compliance requirements.
- Potential for chilling effect on access to justice for some parties.
- Could be challenged as an infringement on the right to access the courts.
Constitutional Alignment
The bill's focus on transparency and preventing foreign interference aligns with the Constitution's aim to ensure a fair and impartial justice system. While the Constitution does not explicitly address third-party litigation funding, the bill's provisions appear consistent with the principles of due process and equal protection under the law, as outlined in the Fifth and Fourteenth Amendments. The reporting requirements to Congress align with Article I, Section 8, which grants Congress the power to regulate commerce with foreign nations and to make laws necessary and proper for carrying out its enumerated powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).