119th CONGRESS

1st Session

H. R. 4124

1. Short title
101. Direct appeals
102. Courts of appeals review
103. Final decisions of district courts
104. Jurisdiction for the United States Court of Appeals for the District of Columbia Circuit
105. Effective date
201. Anti-Nationwide Injunction
202. Shadow docket limitation; application to United States Court of Appeals for the District of Columbia Circuit
203. Effective date

1. Short title

This Act may be cited as the "Restoring Judicial Separation of Powers Act".

101. 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.

102. 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.

103. 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".

104. 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.

(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:

105. 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.

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:

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

(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:

203. Effective date

This title, and the amendments made by this title, shall take effect on the date of enactment of this Act.

119-HR4124

Restoring Judicial Separation of Powers Act