Restoring Judicial Separation of Powers Act

Bill: 118-hr-642
Sponsor: full_name: Rep. Casten, Sean [D-IL-6]
Introduced: 2023-01-31
Policy area: Law
Subjects: Federal appellate courts

Federal district courts

Judges

Judicial review and appeals

Jurisdiction and venue

Supreme Court
Latest action: action_date: 2023-01-31
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-01-31
action_desc: Introduced in House
text: <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>

tv_txt: I 118th CONGRESS 1st Session H. R. 642 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. Short title This Act may be cited as the Restoring Judicial Separation of Powers Act . I Organization of courts 101. Supreme Court jurisdiction Section 1251 of title 28, United States Code, is amended to read as follows: 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. . 102. Direct appeals (a) In general Section 1253 of title 28, United States Code, is amended to read as follows: 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. . 103. Courts of appeals review Section 1254 of title 28, United States Code, is amended to read as follows: 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. . 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 . 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: 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. . 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. II Injunctions and court dockets 201. Anti-Nationwide Injunction (a) In general Chapter 155 of title 28, United States Code, is amended by adding at the end the following: 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. . 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. . 203. Effective date This title, and the amendments made by this title, shall take effect on the date of enactment of this Act.