Fair Courts Act of 2023
This bill prohibits a federal court from granting a form of relief that has nationwide applicability unless the case is heard and determined by a panel of three district court judges. This relief includes granting an injunction that restrains the federal government or federal officers, an order that vacates a federal regulation, or a stay of any such relief.
The bill also requires a district court to ensure that a case does not have greater than a 25% chance to be assigned to particular judge. The chief judge of the circuit is allowed to assign judges from adjacent districts to other districts that do not have enough judges to comply.
District courts must also publish orders regarding the division of business among judges.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3652 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3652
To address the rising trend of venue-shopping in Federal courts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2023
Ms. Ross introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To address the rising trend of venue-shopping in Federal courts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Courts Act of 2023''.
SEC. 2. REINSTATING 3-JUDGE REQUIREMENT FOR SUITS SEEKING NATIONWIDE
RELIEF.
(a) In General.--Chapter 155 of title 28, United States Code, is
amended by inserting before section 2283 the following:
``Sec. 2282. Nationwide relief; three-judge court required
``(a) Definition.--In this section, the term `nationwide relief'
means--
``(1) an interlocutory or permanent injunction restraining
the Federal Government or a Federal officer with respect to any
person other than the plaintiff;
``(2) any order that vacates a Federal regulation on a
nationwide basis; and
``(3) a stay of execution of a judgment granting relief
described in paragraph (1) or (2).
``(b) Requirement.--
``(1) In general.--A court of the United States or judge
thereof may not grant any form of nationwide relief unless the
application therefor is heard and determined by a district
court of 3 judges under section 2284.
``(2) Exceptions.--Paragraph (1) shall not apply to the
Supreme Court of the United States or a court of appeals of the
United States.
``(3) Rule of construction.--Nothing in this section shall
be construed to expand or limit the forms of relief that the
courts of the United States may grant.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 155 of title 28, United States Code, is amended by inserting
before the item relating to section 2283 the following:
``2282. Nationwide relief; three-judge court required.''.
SEC. 3. RANDOM ASSIGNMENT OF CASES.
(a) Division of Business Among District Judges.--Section 137 of
title 28, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Random Assignment of Cases.--
``(1) In general.--In establishing rules for the division
of business among district judges, a district court shall
ensure that the probability that an action, suit, or proceeding
is assigned to any particular judge does not exceed 25 percent.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) a criminal proceeding;
``(B) an action, suit, or proceeding that is
related to another action, suit, or proceeding pending
before a judge of the district court;
``(C) an application for a writ of habeas corpus
under section 2242 or any related proceeding; or
``(D) a motion to vacate, set aside, or correct a
sentence under section 2252 or any related proceeding.
``(3) Low-population districts.--
``(A) Definition.--In this paragraph, the term
`low-population district' means a district that does
not have enough judges to ensure that the probability
that an action, suit, or proceeding is assigned to any
particular judge does not exceed 25 percent, as
required under paragraph (1).
``(B) Use of judges from adjacent districts.--The
chief judge of the circuit in which a low-population
district is located may assign 1 or more judges from 1
or more districts that are adjacent to, and in the same
State as, the low-population district to serve in the
low-population district as necessary to ensure that the
probability that an action, suit, or proceeding is
assigned to any particular judge does not exceed 25
percent, as required under paragraph (1).
``(C) Exception.--Notwithstanding paragraph (1), if
there are no adjacent districts within the same State
as a low-population district, the probability that an
action, suit, or proceeding is assigned to any
particular judge in the low-population district may not
be greater than the percentage obtained by dividing the
number 1 by the number of judges within the low-
population district.''.
(b) Three-Judge Courts.--Section 2284(b)(1) of title 28, United
States Code, is amended--
(1) in the first sentence, by striking ``designate two''
and inserting ``randomly designate three''; and
(2) in the second sentence, by striking ``, and the judge
to whom the request was presented,''.
SEC. 4. PUBLICATION OF DIVISION ORDERS.
Section 137 of title 28, United States Code, as amended by section
3, is amended by adding at the end the following:
``(d) Publication of Division Orders.--A district court shall
publish any order for the division of business among district judges
with other standing orders on the website of the district.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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