What This Bill Does
This bill changes how federal court cases are handled by reducing the Supreme Court's responsibilities and creating a new multi-circuit panel of judges to handle certain types of cases. The bill also limits nationwide injunctions (court orders that stop government actions across the entire country) and requires written explanations when courts reverse earlier decisions.
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Who It Affects
Federal judges on circuit courts of appeals; the United States Court of Appeals for the District of Columbia Circuit; parties involved in cases before federal courts; the federal government and its agencies; states involved in federal litigation.
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Key Provisions
* The Supreme Court will only handle four types of cases: cases about U.S. treaties, cases involving foreign ambassadors or diplomats, cases about admiralty or maritime law, and cases where a state is a party (Sec. 101)
* A special panel of 13 judges randomly selected from federal circuit courts will be created each year to hear cases involving the federal government, federal agencies, or constitutional or federal law interpretation (Sec. 105)
* Any decision by this special panel that declares a federal law unconstitutional or invalid requires support from at least 70 percent of the panel's judges (Sec. 105)
* Cases seeking nationwide injunctions must be transferred to the District of Columbia Circuit Court within 30 days of being filed (Sec. 201)
* Any court that reverses an earlier decision must provide a written explanation that is published on the court's website (Sec. 202)
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What Changes
Most federal appeals that currently go to the Supreme Court will instead go to the District of Columbia Circuit Court. Cases involving constitutional questions and federal government actions will be decided by a randomly selected panel of judges from different regions rather than the Supreme Court. Courts must now publish written reasons when they overturn earlier decisions. Nationwide injunctions become the responsibility of a specific appeals court rather than individual judges.
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Important Definitions
* **Injunctive relief**: A court order telling someone to stop or start doing something
* **Nationwide injunction**: A court order that applies to the entire country, not just the people involved in the case
* **Certiorari**: A request asking a higher court to review a lower court's decision
* **Supermajority**: A vote requiring more than a simple majority (in this case, 70 percent)
* **Multi-circuit panel**: A group of judges selected from different regional federal courts
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Effective Date
This law takes effect in October of the year after it is signed into law (Sec. 106 for Title I and Sec. 203 for Title II).
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Restoring Judicial Sep-
4
aration of Powers Act’’.
5
TITLE I—ORGANIZATION OF
6
COURTS
7
SEC. 101. SUPREME COURT JURISDICTION.
8
Section 1251 of title 28, United States Code, is
9
amended to read as follows:
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•HR 642 IH
‘‘§ 1251. Original and exclusive jurisdiction
1
‘‘The Supreme Court shall have original and exclusive
2
jurisdiction of the following:
3
‘‘(1) All actions or proceedings concerning trea-
4
ties of the United States.
5
‘‘(2) All actions or proceedings to which ambas-
6
sadors, other public ministers, consuls, or vice con-
7
suls of foreign states are parties.
8
‘‘(3) All actions or proceedings concerning ad-
9
miralty practice or the maritime jurisdiction of the
10
United States.
11
‘‘(4) All actions or proceedings to which a State
12
is a party.’’.
13
SEC. 102. DIRECT APPEALS.
14
(a) IN GENERAL.—Section 1253 of title 28, United
15
States Code, is amended to read as follows:
16
‘‘§ 1253. Direct appeals from decisions of three-judge
17
courts
18
‘‘Except as otherwise provided by law, any party may
19
appeal to the United States Court of Appeals for the Dis-
20
trict of Columbia Circuit from an order granting or deny-
21
ing, after notice and hearing, an interlocutory or perma-
22
nent injunction in any civil action, suit or proceeding re-
23
quired by any Act of Congress to be heard and determined
24
by a district court of three judges.’’.
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•HR 642 IH
SEC. 103. COURTS OF APPEALS REVIEW.
1
Section 1254 of title 28, United States Code, is
2
amended to read as follows:
3
‘‘§ 1254. Courts of appeals; certiorari; certified ques-
4
tions
5
‘‘Cases in the courts of appeals may be reviewed by
6
the United States Court of Appeals for the District of Co-
7
lumbia Circuit by the following methods:
8
‘‘(1) By writ of certiorari granted upon the pe-
9
tition of any party to any civil or criminal case, be-
10
fore or after rendition of judgment or decree.
11
‘‘(2) By certification at any time by a court of
12
appeals of any question of law in any civil or crimi-
13
nal case as to which instructions are desired, and
14
upon such certification the United States Court of
15
Appeals for the District of Columbia Circuit may
16
give binding instructions or require the entire record
17
to be sent up for decision of the entire matter in
18
controversy.’’.
19
SEC. 104. FINAL DECISIONS OF DISTRICT COURTS.
20
Section 1291 of title 28, United States Code, is
21
amended by striking ‘‘in the Supreme Court’’ and insert-
22
ing ‘‘in the United States Court of Appeals for the District
23
of Columbia Circuit’’.
24
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•HR 642 IH
SEC. 105. JURISDICTION FOR THE UNITED STATES COURT
1
OF APPEALS FOR THE DISTRICT OF COLUM-
2
BIA CIRCUIT.
3
(a) IN GENERAL.—Chapter 83 of title 28, United
4
States Code, is amended by adding at the end the fol-
5
lowing:
6
‘‘§ 1297. Multi-circuit panel of United States Court of
7
Appeals for the District of Columbia Cir-
8
cuit
9
‘‘(a) CONVENING
MULTI-CIRCUIT
PANEL.—Each
10
year the chief judge of the United States Court of Appeals
11
for the District of Columbia Circuit shall convene a multi-
12
circuit panel of 13 judges consisting of each of the fol-
13
lowing:
14
‘‘(1) ASSOCIATE
JUDGES.—The multi-circuit
15
panel shall consist of 1 judge to be randomly se-
16
lected from each of the following circuit courts of
17
appeals:
18
‘‘(A) United States Court of Appeals for
19
the District of Columbia Circuit.
20
‘‘(B) United States Court of Appeals for
21
the First Circuit.
22
‘‘(C) United States Court of Appeals for
23
the Second Circuit.
24
‘‘(D) United States Court of Appeals for
25
the Third Circuit.
26
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•HR 642 IH
‘‘(E) United States Court of Appeals for
1
the Fourth Circuit.
2
‘‘(F) United States Court of Appeals for
3
the Fifth Circuit.
4
‘‘(G) United States Court of Appeals for
5
the Sixth Circuit.
6
‘‘(H) United States Court of Appeals for
7
the Seventh Circuit.
8
‘‘(I) United States Court of Appeals for
9
the Eighth Circuit.
10
‘‘(J) United States Court of Appeals for
11
the Ninth Circuit.
12
‘‘(K) United States Court of Appeals for
13
the Tenth Circuit.
14
‘‘(L) United States Court of Appeals for
15
the Eleventh Circuit.
16
‘‘(2) CHIEF
JUDGE.—The multi-circuit panel
17
shall consist of 1 chief judge to be randomly selected
18
from the circuit courts of appeals described in para-
19
graph (1).
20
‘‘(b) JURISDICTION.—The chief judge of the United
21
States Court of Appeals for the District of Columbia Cir-
22
cuit shall assign to the multi-circuit panel any case in
23
which the United States or a Federal agency is a party,
24
or a case concerning constitutional interpretation, statu-
25
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•HR 642 IH
tory interpretation of Federal law, or the function or ac-
1
tions of an Executive order.
2
‘‘(c) DURATION OF SERVICE.—Each judge of the
3
multi-circuit panel shall serve on the panel during the pe-
4
riod beginning at 10 a.m. (Eastern Time Zone) on the
5
first Monday in October and ending at 9:59 a.m. (Eastern
6
Time Zone) on the first Monday in October of the fol-
7
lowing year.
8
‘‘(d) ACTS OF CONGRESS.—A supermajority of not
9
less than 70 percent of judges of the multi-circuit panel
10
described in subsection (a) shall be required to affirm any
11
decision which holds that any Act of Congress is, in whole
12
or in part, unconstitutional, unlawful, or otherwise in-
13
valid.’’.
14
(b) CLERICAL AMENDMENT.—The table of sections
15
for chapter 83 of title 28, United States Code, is amended
16
by inserting after the item relating to section 1296 the
17
following:
18
‘‘1297. Multi-circuit panel of United States Court of Appeals for the District
of Columbia Circuit.’’.
SEC. 106. EFFECTIVE DATE.
19
This title, and the amendments made by this title,
20
shall apply in October of the year following the date of
21
enactment of this Act.
22
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•HR 642 IH
TITLE II—INJUNCTIONS AND
1
COURT DOCKETS
2
SEC. 201. ANTI-NATIONWIDE INJUNCTION.
3
(a) IN GENERAL.—Chapter 155 of title 28, United
4
States Code, is amended by adding at the end the fol-
5
lowing:
6
‘‘§ 2285. Nationwide injunction
7
‘‘(a) IN GENERAL.—Whenever any action before a
8
court of the United States seeks injunctive relief restrain-
9
ing the enforcement of any Federal statute, regulation, or
10
order against a nonparty, the court shall, upon a motion
11
of a party to the action made not later than 30 days after
12
an initial filing requesting such relief, transfer such action
13
to the United States Court of Appeals for the District of
14
Columbia Circuit.
15
‘‘(b) CONSOLIDATION.—The Court shall have the
16
power to consolidate several cases concerning the same
17
matter into a single case under Rule 42 of the Federal
18
Rules of Civil Procedure.’’.
19
(b) CLERICAL AMENDMENT.—The table of sections
20
for chapter 155 of title 28, United States Code, is amend-
21
ed by inserting after the item relating to section 2284 the
22
following:
23
‘‘2285. Nationwide injunction.’’.
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•HR 642 IH
SEC. 202. SHADOW DOCKET LIMITATION; APPLICATION TO
1
UNITED STATES COURT OF APPEALS FOR
2
THE DISTRICT OF COLUMBIA CIRCUIT.
3
(a) IN GENERAL.—Section 2101 of title 28, United
4
States Code, is amended—
5
(1) in the section heading, by striking ‘‘Su-
6
preme Court; time for appeal’’ and inserting
7
‘‘Time for appeal’’;
8
(2) in subsection (a), by inserting ‘‘, the United
9
States Court of Appeals for the District of Columbia
10
Circuit, or a multi-circuit panel described in section
11
1297’’ after ‘‘Supreme Court’’ the first place it ap-
12
pears;
13
(3) in subsection (b), by inserting ‘‘, the United
14
States Court of Appeals for the District of Columbia
15
Circuit, or a multi-circuit panel described in section
16
1297’’ after ‘‘Supreme Court’’;
17
(4) in subsection (c)—
18
(A) by inserting ‘‘, the United States
19
Court of Appeals for the District of Columbia
20
Circuit, or a multi-circuit panel described in
21
section 1297’’ after ‘‘Supreme Court’’ the first
22
place it appears; and
23
(B) by striking ‘‘A justice of the Supreme
24
Court’’ and inserting ‘‘A justice or judge of the
25
relevant court’’;
26
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•HR 642 IH
(5) in subsection (e), by inserting ‘‘, the United
1
States Court of Appeals for the District of Columbia
2
Circuit, or a multi-circuit panel described in section
3
1297’’ after ‘‘Supreme Court’’;
4
(6) in subsection (f)—
5
(A) by inserting ‘‘, the United States
6
Court of Appeals for the District of Columbia
7
Circuit, or a multi-circuit panel described in
8
section 1297’’ after ‘‘review by the Supreme
9
Court’’;
10
(B) by striking ‘‘from the Supreme Court’’
11
and inserting ‘‘from the court’’; and
12
(C) by striking ‘‘in the Supreme Court’’
13
and inserting ‘‘in the court’’; and
14
(7) by adding at the end the following:
15
‘‘(h) No order reversing a decision of a court on ap-
16
peals before the Supreme Court, the United States Court
17
of Appeals for the District of Columbia Circuit, or a multi-
18
circuit panel described in section 1297, shall issue unless
19
such court provides to the parties a written explanation
20
supporting such reversal, which shall be published on the
21
website of such court.’’.
22
(b) CLERICAL AMENDMENT.—The table of sections
23
for chapter 133 of title 28, United States Code, is amend-
24
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•HR 642 IH
ed by striking the item related to section 2101 and insert-
1
ing the following:
2
‘‘2101. Time for appeal of certiorari; docketing; stay.’’.
SEC. 203. EFFECTIVE DATE.
3
This title, and the amendments made by this title,
4
shall take effect on the date of enactment of this Act.
5
Æ
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