Restoring Judicial Separation of Powers Act
This bill revises the federal statutory framework that confers appellate jurisdiction to courts.
Among the changes, the bill grants the U.S. Court of Appeals for the D.C. Circuit—not the Supreme Court—jurisdiction over
The bill also establishes a 13-judge multi-circuit panel and grants it jurisdiction over any case in which the United States or a federal agency is a party, or a case concerning constitutional interpretation, statutory interpretation of federal law, or the function or actions of an executive order.
Finally, the bill specifies that whenever an action before a federal court seeks injunctive relief barring the enforcement of a federal law, statute, regulation, or order against a nonparty, the court shall, upon a motion of a party, transfer the action to the U.S. Court of Appeals for the D.C. Circuit.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 642
To reform the Supreme Court of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2023
Mr. Casten (for himself and Mr. Blumenauer) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the Supreme Court of the United States, and for other
purposes.
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 ``Restoring Judicial Separation of
Powers Act''.
TITLE I--ORGANIZATION OF COURTS
SEC. 101. SUPREME COURT JURISDICTION.
Section 1251 of title 28, United States Code, is amended to read as
follows:
``Sec. 1251. Original and exclusive jurisdiction
``The Supreme Court shall have original and exclusive jurisdiction
of the following:
``(1) All actions or proceedings concerning treaties of the
United States.
``(2) All actions or proceedings to which ambassadors,
other public ministers, consuls, or vice consuls of foreign
states are parties.
``(3) All actions or proceedings concerning admiralty
practice or the maritime jurisdiction of the United States.
``(4) All actions or proceedings to which a State is a
party.''.
SEC. 102. DIRECT APPEALS.
(a) In General.--Section 1253 of title 28, United States Code, is
amended to read as follows:
``Sec. 1253. Direct appeals from decisions of three-judge courts
``Except as otherwise provided by law, any party may appeal to the
United States Court of Appeals for the District of Columbia Circuit
from an order granting or denying, after notice and hearing, an
interlocutory or permanent injunction in any civil action, suit or
proceeding required by any Act of Congress to be heard and determined
by a district court of three judges.''.
SEC. 103. COURTS OF APPEALS REVIEW.
Section 1254 of title 28, United States Code, is amended to read as
follows:
``Sec. 1254. Courts of appeals; certiorari; certified questions
``Cases in the courts of appeals may be reviewed by the United
States Court of Appeals for the District of Columbia Circuit by the
following methods:
``(1) By writ of certiorari granted upon the petition of
any party to any civil or criminal case, before or after
rendition of judgment or decree.
``(2) By certification at any time by a court of appeals of
any question of law in any civil or criminal case as to which
instructions are desired, and upon such certification the
United States Court of Appeals for the District of Columbia
Circuit may give binding instructions or require the entire
record to be sent up for decision of the entire matter in
controversy.''.
SEC. 104. FINAL DECISIONS OF DISTRICT COURTS.
Section 1291 of title 28, United States Code, is amended by
striking ``in the Supreme Court'' and inserting ``in the United States
Court of Appeals for the District of Columbia Circuit''.
SEC. 105. JURISDICTION FOR THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT.
(a) In General.--Chapter 83 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1297. Multi-circuit panel of United States Court of Appeals for
the District of Columbia Circuit
``(a) Convening Multi-Circuit Panel.--Each year the chief judge of
the United States Court of Appeals for the District of Columbia Circuit
shall convene a multi-circuit panel of 13 judges consisting of each of
the following:
``(1) Associate judges.--The multi-circuit panel shall
consist of 1 judge to be randomly selected from each of the
following circuit courts of appeals:
``(A) United States Court of Appeals for the
District of Columbia Circuit.
``(B) United States Court of Appeals for the First
Circuit.
``(C) United States Court of Appeals for the Second
Circuit.
``(D) United States Court of Appeals for the Third
Circuit.
``(E) United States Court of Appeals for the Fourth
Circuit.
``(F) United States Court of Appeals for the Fifth
Circuit.
``(G) United States Court of Appeals for the Sixth
Circuit.
``(H) United States Court of Appeals for the
Seventh Circuit.
``(I) United States Court of Appeals for the Eighth
Circuit.
``(J) United States Court of Appeals for the Ninth
Circuit.
``(K) United States Court of Appeals for the Tenth
Circuit.
``(L) United States Court of Appeals for the
Eleventh Circuit.
``(2) Chief judge.--The multi-circuit panel shall consist
of 1 chief judge to be randomly selected from the circuit
courts of appeals described in paragraph (1).
``(b) Jurisdiction.--The chief judge of the United States Court of
Appeals for the District of Columbia Circuit shall assign to the multi-
circuit panel any case in which the United States or a Federal agency
is a party, or a case concerning constitutional interpretation,
statutory interpretation of Federal law, or the function or actions of
an Executive order.
``(c) Duration of Service.--Each judge of the multi-circuit panel
shall serve on the panel during the period beginning at 10 a.m.
(Eastern Time Zone) on the first Monday in October and ending at 9:59
a.m. (Eastern Time Zone) on the first Monday in October of the
following year.
``(d) Acts of Congress.--A supermajority of not less than 70
percent of judges of the multi-circuit panel described in subsection
(a) shall be required to affirm any decision which holds that any Act
of Congress is, in whole or in part, unconstitutional, unlawful, or
otherwise invalid.''.
(b) Clerical Amendment.--The table of sections for chapter 83 of
title 28, United States Code, is amended by inserting after the item
relating to section 1296 the following:
``1297. Multi-circuit panel of United States Court of Appeals for the
District of Columbia Circuit.''.
SEC. 106. EFFECTIVE DATE.
This title, and the amendments made by this title, shall apply in
October of the year following the date of enactment of this Act.
TITLE II--INJUNCTIONS AND COURT DOCKETS
SEC. 201. ANTI-NATIONWIDE INJUNCTION.
(a) In General.--Chapter 155 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2285. Nationwide injunction
``(a) In General.--Whenever any action before a court of the United
States seeks injunctive relief restraining the enforcement of any
Federal statute, regulation, or order against a nonparty, the court
shall, upon a motion of a party to the action made not later than 30
days after an initial filing requesting such relief, transfer such
action to the United States Court of Appeals for the District of
Columbia Circuit.
``(b) Consolidation.--The Court shall have the power to consolidate
several cases concerning the same matter into a single case under Rule
42 of the Federal Rules of Civil Procedure.''.
(b) Clerical Amendment.--The table of sections for chapter 155 of
title 28, United States Code, is amended by inserting after the item
relating to section 2284 the following:
``2285. Nationwide injunction.''.
SEC. 202. SHADOW DOCKET LIMITATION; APPLICATION TO UNITED STATES COURT
OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
(a) In General.--Section 2101 of title 28, United States Code, is
amended--
(1) in the section heading, by striking ``Supreme Court;
time for appeal'' and inserting ``Time for appeal'';
(2) in subsection (a), by inserting ``, the United States
Court of Appeals for the District of Columbia Circuit, or a
multi-circuit panel described in section 1297'' after ``Supreme
Court'' the first place it appears;
(3) in subsection (b), by inserting ``, the United States
Court of Appeals for the District of Columbia Circuit, or a
multi-circuit panel described in section 1297'' after ``Supreme
Court'';
(4) in subsection (c)--
(A) by inserting ``, the United States Court of
Appeals for the District of Columbia Circuit, or a
multi-circuit panel described in section 1297'' after
``Supreme Court'' the first place it appears; and
(B) by striking ``A justice of the Supreme Court''
and inserting ``A justice or judge of the relevant
court'';
(5) in subsection (e), by inserting ``, the United States
Court of Appeals for the District of Columbia Circuit, or a
multi-circuit panel described in section 1297'' after ``Supreme
Court'';
(6) in subsection (f)--
(A) by inserting ``, the United States Court of
Appeals for the District of Columbia Circuit, or a
multi-circuit panel described in section 1297'' after
``review by the Supreme Court'';
(B) by striking ``from the Supreme Court'' and
inserting ``from the court''; and
(C) by striking ``in the Supreme Court'' and
inserting ``in the court''; and
(7) by adding at the end the following:
``(h) No order reversing a decision of a court on appeals before
the Supreme Court, the United States Court of Appeals for the District
of Columbia Circuit, or a multi-circuit panel described in section
1297, shall issue unless such court provides to the parties a written
explanation supporting such reversal, which shall be published on the
website of such court.''.
(b) Clerical Amendment.--The table of sections for chapter 133 of
title 28, United States Code, is amended by striking the item related
to section 2101 and inserting the following:
``2101. Time for appeal of certiorari; docketing; stay.''.
SEC. 203. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect on the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H559)
Referred to the House Committee on the Judiciary.
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