Restoring Judicial Separation of Powers Act

Subjects: Law, Federal appellate courts, Federal district courts, Judges, Judicial review and appeals, Jurisdiction and venue, Supreme Court

Summary:  <p><b>Restoring Judicial Separation of Powers Act</b></p> <p>This bill revises the federal statutory framework that confers appellate jurisdiction to courts. </p> <p>Among the changes, the bill grants the U.S. Court of Appeals for the D.C. Circuit&#8212;not the Supreme Court&#8212;jurisdiction over</p> <ul type="disc"> <li>direct appeals from final decisions of three-judge panels, and </li> <li>appeals by certiorari and certified questions. </li> </ul> <p>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. </p> <p>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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 642 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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