PRIA Logo™
119-s-5148119th Congress

BOASBERG Act

Sponsored By: Senator Schmitt, Eric [R-MO]

Introduced

Summary

Randomized assignment of judges and panels is the bill's central goal. It would block parties, attorneys, and judges from steering cases by requiring district courts, circuits, and three-judge district courts to adopt public rules that randomly assign civil cases and panels and to explain any reassignment.

Show full summary
  • Litigants and attorneys: Would limit "judge shopping" by banning anyone from selecting or influencing which judge or panel hears a civil case and by exposing assignment rules to the public.
  • Judges and court staff: Would prevent chief judges from self-assigning and stop judges from declining cases after random assignment. Judges who violate the rules face the judicial misconduct process and court employees face discipline up to termination. Attorneys who try to manipulate assignments could face sanctions including dismissal or professional discipline.
  • Cases touched by the Supreme Court: Would force random reassignment when the Supreme Court vacates or reverses a judgment, issues certain writs, stays an order, or takes similar actions, with reassignment done within the district or, if needed, within the circuit.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Random judge assignment in district courts

If enacted, every federal district court would have to assign all civil cases by random draw. No party, lawyer, judge, or court official could pick or influence which judge gets a case. Judges could not decline assignments after randomization. Reassignments would be allowed only in narrow situations (recusal/disqualification; consolidation or reassignment for substantially related pending matters; a public chief-judge certification with a majority vote that is not based on party identity or subject matter; or certain specified Supreme Court actions), and courts must issue a public memorandum explaining any non-random assignment. Clerks would publish yearly assignment and reassignment statistics. District courts must adopt these rules within 120 days after enactment, and attempts to manipulate assignments could bring sanctions for attorneys, judges, or staff.

Random panels in federal appeals courts

If enacted, each federal court of appeals would have to randomly assign judges to panels and randomly assign panels to cases. Parties, lawyers, and judges could not select or influence which judges sit together or which panel hears a case. Judges and panels could not decline assignments after randomization. Reassignment would be allowed only for limited reasons (recusal/disqualification; consolidation or reassignment for substantially related pending matters in the circuit; or a public chief-judge certification with a majority vote not based on party identity or subject matter). The Federal Circuit would need a rule to rotate judges among panels to ensure a representative cross-section of cases and may set panel size, but panels must have at least three judges. Courts would post rules, issue memoranda explaining non-random assignments, and clerks would publish annual assignment statistics. Circuits must adopt these rules within 120 days after enactment, and manipulation attempts could bring sanctions.

Random picks for three-judge courts

If enacted, a new rule would require circuits to randomly select or designate judges for statutorily required three-judge district courts from district and circuit judge pools. Parties, lawyers, and judges could not pick or influence which judges serve. Judges could not decline designation after random selection, and senior judges must be included randomly to the greatest extent practicable. Reassignments or redesignations would be allowed only for narrow reasons (recusal/disqualification; consolidation or reassignment for substantially related pending three-judge matters in the circuit; or a public chief-judge certification with majority consent not based on party identity or subject matter). Courts would post rules and memoranda and clerks would publish yearly assignment statistics. Circuits must adopt these rules within 120 days after enactment, and manipulation attempts could bring sanctions.

Sponsors & CoSponsors

Sponsor

Schmitt, Eric [R-MO]

MO • R

Cosponsors

  • Sen. Moody, Ashley [R-FL]

    FL • R

    Sponsored 9/28/2026

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 8/7/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation