Restoring Judicial Separation of Powers Act
Sponsored By: Representative Casten
Introduced
Summary
Centralize federal appellate review in the United States Court of Appeals for the District of Columbia Circuit. The bill would route key federal and constitutional disputes to that court and create a 13-judge multi-circuit panel to handle major questions of law and executive action.
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- Federal agencies and the executive branch would face a single hub for important challenges. Cases involving the United States or an agency, and questions about federal law or executive orders, would be routed to the DC Circuit or the new 13-judge panel drawn from across circuits. The panel would have 13 judges and would require at least a 70 percent supermajority to hold a federal law unconstitutional or invalid.
- Plaintiffs and district courts would see limits on nationwide injunctions. When a lawsuit seeks injunctive relief that restrains enforcement of a federal statute, regulation, or order against a nonparty, the case must be moved to the DC Circuit if a motion is filed within 30 days, and similar cases can be consolidated.
- Appellate dockets would be more constrained and more transparent. The bill extends time-for-appeal rules to the DC Circuit and the multi-circuit panel and requires a written, published explanation whenever those courts reverse an appeals court decision to curb quick “shadow docket” reversals.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Nationwide injunction requests move to D.C.
If enacted, cases that ask to block a federal law, rule, or order for people not in the case could be moved to the D.C. Circuit. A party would need to ask within 30 days of the first filing that seeks that relief. The D.C. Circuit could combine similar cases into one. This would take effect on the date of enactment.
New D.C. appeals path and 13-judge panel
If enacted, many appeals would go to the D.C. Circuit instead of other courts starting in October of the year after enactment. The D.C. Circuit would be able to grant certiorari and answer certified legal questions from other courts. A 13-judge panel, drawn randomly from every regional circuit plus the D.C. Circuit and one chief judge, would hear cases involving the United States, federal law, or executive orders. Judges would serve from 10 a.m. Eastern on the first Monday in October to 9:59 a.m. Eastern the next first Monday in October. At least 70% of that panel would have to agree to strike down any Act of Congress.
Courts must explain appeal reversals
If enacted, a court could not reverse a lower court on appeal without a written explanation. The Supreme Court, the D.C. Circuit, and the new panel would have to post the explanation on their websites. This would take effect on the date of enactment.
Sponsors & CoSponsors
Sponsor
Casten
IL • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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