I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Judicial Sep5 aration of Powers Act’’. 

6 TITLE I—ORGANIZATION OF 

7 COURTS 

8 SEC. 101. SUPREME COURT JURISDICTION. 

9 Section 1251 of title 28, United States Code, is 

10 amended to read as follows: 


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1 ‘‘§ 1251. Original and exclusive jurisdiction 

2 ‘‘The Supreme Court shall have original and exclusive 

3 jurisdiction of the following: 

4 ‘‘(1) All actions or proceedings concerning trea5 ties of the United States. 

6 ‘‘(2) All actions or proceedings to which ambas7 sadors, other public ministers, consuls, or vice con8 suls of foreign states are parties. 

9 ‘‘(3) All actions or proceedings concerning ad10 miralty practice or the maritime jurisdiction of the 

11 United States. 

12 ‘‘(4) All actions or proceedings to which a State 

13 is a party.’’. 

14 SEC. 102. DIRECT APPEALS. 

15 (a) IN GENERAL.—Section 1253 of title 28, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 1253. Direct appeals from decisions of three-judge 

18 courts 

19 ‘‘Except as otherwise provided by law, any party may 

20 appeal to the United States Court of Appeals for the Dis21 trict of Columbia Circuit from an order granting or deny22 ing, after notice and hearing, an interlocutory or perma23 nent injunction in any civil action, suit or proceeding re24 quired by any Act of Congress to be heard and determined 

25 by a district court of three judges.’’. 


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1 SEC. 103. COURTS OF APPEALS REVIEW. 

2 Section 1254 of title 28, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 1254. Courts of appeals; certiorari; certified ques5 tions 

6 ‘‘Cases in the courts of appeals may be reviewed by 

7 the United States Court of Appeals for the District of Co8 lumbia Circuit by the following methods: 

9 ‘‘(1) By writ of certiorari granted upon the pe10 tition of any party to any civil or criminal case, be11 fore or after rendition of judgment or decree. 

12 ‘‘(2) By certification at any time by a court of 

13 appeals of any question of law in any civil or crimi14 nal case as to which instructions are desired, and 

15 upon such certification the United States Court of 

16 Appeals for the District of Columbia Circuit may 

17 give binding instructions or require the entire record 

18 to be sent up for decision of the entire matter in 

19 controversy.’’. 

20 SEC. 104. FINAL DECISIONS OF DISTRICT COURTS. 

21 Section 1291 of title 28, United States Code, is 

22 amended by striking ‘‘in the Supreme Court’’ and insert23 ing ‘‘in the United States Court of Appeals for the District 

24 of Columbia Circuit’’. 


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1 SEC. 105. JURISDICTION FOR THE UNITED STATES COURT 

2 OF APPEALS FOR THE DISTRICT OF COLUM3 BIA CIRCUIT. 

4 (a) IN GENERAL.—Chapter 83 of title 28, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1297. Multi-circuit panel of United States Court of 

8 Appeals for the District of Columbia Cir9 cuit 

10 ‘‘(a) CONVENING MULTI-CIRCUIT PANEL.—Each 

11 year the chief judge of the United States Court of Appeals 

12 for the District of Columbia Circuit shall convene a multi13 circuit panel of 13 judges consisting of each of the fol14 lowing: 

15 ‘‘(1) ASSOCIATE JUDGES.—The multi-circuit 

16 panel shall consist of 1 judge to be randomly se17 lected from each of the following circuit courts of 

18 appeals: 

19 ‘‘(A) United States Court of Appeals for 

20 the District of Columbia Circuit. 

21 ‘‘(B) United States Court of Appeals for 

22 the First Circuit. 

23 ‘‘(C) United States Court of Appeals for 

24 the Second Circuit. 

25 ‘‘(D) United States Court of Appeals for 

26 the Third Circuit. 


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1 ‘‘(E) United States Court of Appeals for 

2 the Fourth Circuit. 

3 ‘‘(F) United States Court of Appeals for 

4 the Fifth Circuit. 

5 ‘‘(G) United States Court of Appeals for 

6 the Sixth Circuit. 

7 ‘‘(H) United States Court of Appeals for 

8 the Seventh Circuit. 

9 ‘‘(I) United States Court of Appeals for 

10 the Eighth Circuit. 

11 ‘‘(J) United States Court of Appeals for 

12 the Ninth Circuit. 

13 ‘‘(K) United States Court of Appeals for 

14 the Tenth Circuit. 

15 ‘‘(L) United States Court of Appeals for 

16 the Eleventh Circuit. 

17 ‘‘(2) CHIEF JUDGE.—The multi-circuit panel 

18 shall consist of 1 chief judge to be randomly selected 

19 from the circuit courts of appeals described in para20 graph (1). 

21 ‘‘(b) JURISDICTION.—The chief judge of the United 

22 States Court of Appeals for the District of Columbia Cir23 cuit shall assign to the multi-circuit panel any case in 

24 which the United States or a Federal agency is a party, 

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1 tory interpretation of Federal law, or the function or ac2 tions of an Executive order. 

3 ‘‘(c) DURATION OF SERVICE.—Each judge of the 

4 multi-circuit panel shall serve on the panel during the pe5 riod beginning at 10 a.m. (Eastern Time Zone) on the 

6 first Monday in October and ending at 9:59 a.m. (Eastern 

7 Time Zone) on the first Monday in October of the fol8 lowing year. 

9 ‘‘(d) ACTS OF CONGRESS.—A supermajority of not 

10 less than 70 percent of judges of the multi-circuit panel 

11 described in subsection (a) shall be required to affirm any 

12 decision which holds that any Act of Congress is, in whole 

13 or in part, unconstitutional, unlawful, or otherwise in14 valid.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 83 of title 28, United States Code, is amended 

17 by inserting after the item relating to section 1296 the 

18 following: 

‘‘1297. Multi-circuit panel of United States Court of Appeals for the District 

of Columbia Circuit.’’. 

19 SEC. 106. EFFECTIVE DATE. 

20 This title, and the amendments made by this title, 

21 shall apply in October of the year following the date of 

22 enactment of this Act. 


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1 TITLE II—INJUNCTIONS AND 

2 COURT DOCKETS 

3 SEC. 201. ANTI-NATIONWIDE INJUNCTION. 

4 (a) IN GENERAL.—Chapter 155 of title 28, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 2285. Nationwide injunction 

8 ‘‘(a) IN GENERAL.—Whenever any action before a 

9 court of the United States seeks injunctive relief restrain10 ing the enforcement of any Federal statute, regulation, or 

11 order against a nonparty, the court shall, upon a motion 

12 of a party to the action made not later than 30 days after 

13 an initial filing requesting such relief, transfer such action 

14 to the United States Court of Appeals for the District of 

15 Columbia Circuit. 

16 ‘‘(b) CONSOLIDATION.—The Court shall have the 

17 power to consolidate several cases concerning the same 

18 matter into a single case under Rule 42 of the Federal 

19 Rules of Civil Procedure.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 155 of title 28, United States Code, is amend22 ed by inserting after the item relating to section 2284 the 

23 following: 

‘‘2285. Nationwide injunction.’’. 


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1 SEC. 202. SHADOW DOCKET LIMITATION; APPLICATION TO 

2 UNITED STATES COURT OF APPEALS FOR 

3 THE DISTRICT OF COLUMBIA CIRCUIT. 

4 (a) IN GENERAL.—Section 2101 of title 28, United 

5 States Code, is amended— 

6 (1) in the section heading, by striking ‘‘Su7 preme Court; time for appeal’’ and inserting 

8 ‘‘Time for appeal’’; 

9 (2) in subsection (a), by inserting ‘‘, the United 

10 States Court of Appeals for the District of Columbia 

11 Circuit, or a multi-circuit panel described in section 

12 1297’’ after ‘‘Supreme Court’’ the first place it ap13 pears; 

14 (3) in subsection (b), by inserting ‘‘, the United 

15 States Court of Appeals for the District of Columbia 

16 Circuit, or a multi-circuit panel described in section 

17 1297’’ after ‘‘Supreme Court’’; 

18 (4) in subsection (c)— 

19 (A) by inserting ‘‘, the United States 

20 Court of Appeals for the District of Columbia 

21 Circuit, or a multi-circuit panel described in 

22 section 1297’’ after ‘‘Supreme Court’’ the first 

23 place it appears; and 

24 (B) by striking ‘‘A justice of the Supreme 

25 Court’’ and inserting ‘‘A justice or judge of the 

26 relevant court’’; 


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1 (5) in subsection (e), by inserting ‘‘, the United 

2 States Court of Appeals for the District of Columbia 

3 Circuit, or a multi-circuit panel described in section 

4 1297’’ after ‘‘Supreme Court’’; 

5 (6) in subsection (f)— 

6 (A) by inserting ‘‘, the United States 

7 Court of Appeals for the District of Columbia 

8 Circuit, or a multi-circuit panel described in 

9 section 1297’’ after ‘‘review by the Supreme 

10 Court’’; 

11 (B) by striking ‘‘from the Supreme Court’’ 

12 and inserting ‘‘from the court’’; and 

13 (C) by striking ‘‘in the Supreme Court’’ 

14 and inserting ‘‘in the court’’; and 

15 (7) by adding at the end the following: 

16 ‘‘(h) No order reversing a decision of a court on ap17 peals before the Supreme Court, the United States Court 

18 of Appeals for the District of Columbia Circuit, or a multi19 circuit panel described in section 1297, shall issue unless 

20 such court provides to the parties a written explanation 

21 supporting such reversal, which shall be published on the 

22 website of such court.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

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1 ed by striking the item related to section 2101 and insert2 ing the following: 

‘‘2101. Time for appeal of certiorari; docketing; stay.’’. 

3 SEC. 203. EFFECTIVE DATE. 

4 This title, and the amendments made by this title, 

5 shall take effect on the date of enactment of this Act. 

Æ 


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