S. 1090

119 S1090 IS: Restraining Judicial Insurrectionist Act of 2025
 U.S. Senate
 2025-03-24
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 EN
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 II  119th CONGRESS  1st Session  S. 1090  IN THE SENATE OF THE UNITED STATES   March 24, 2025   Mr. Lee  introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend section 2284 of title 28, United States Code, to establish special procedures for civil actions seeking to restrain executive branch actions.
1.
Short title
This Act may be cited as the   Restraining Judicial Insurrectionist Act of 2025  .
2.
Special procedures for civil actions seeking to restrain executive branch actions
Section 2284 of title 28, United States Code, is amended—
(1)
in subsection (a)—
(A)
by inserting
In general .—  before  A district court ;
(B)
by striking  shall be convened when otherwise required  and inserting the following: “shall be convened when—
(1)
otherwise required
 ; and
(C)
by striking  Congress, or when an action  and inserting the following: “Congress;
(2)
an action is commenced against any department or office of the executive branch that seeks declaratory relief, a temporary restraining order, a preliminary or permanent injunction, vacatur, a stay, or other equitable relief against an action of the executive branch or executive order of the President; or
(3)
an action
 ;
(2)
in subsection (b), in the matter preceding paragraph (1), by striking  In any action  and inserting
Procedures generally .—Except as provided in subsection (c), in any action ; and
(3)
by adding at the end the following:
(c)
Procedures for actions seeking To restrain executive branch actions
(1)
Selection of judges for a three-judge district court
(A)
In general
Upon the filing of a request for three judges in an action described in subsection (a)(2), the judge to whom the request is made shall, unless the judge determines that three judges are not required, immediately notify the Chief Justice of the United States, who shall designate three judges at random from a list of all judges in active service regardless of circuit—
(i)
one of whom shall be a circuit judge in active service; and
(ii)
not more than two of whom may be serving in the same judicial circuit.
(B)
Service by judge receiving request
The judge to whom a request described in subparagraph (A) was presented may serve as a member of the district court to hear and determine the action if—
(i)
the judge is selected to be a member at random in accordance with subparagraph (A); and
(ii)
the judge is a district judge in active service.
(2)
Number of judges required to conduct proceedings
No temporary restraining order, stay, preliminary injunction, or other equitable relief may be granted in an action described in subsection (a)(2) unless a majority of the district court for the action orders that such relief be granted.
(3)
Appointments of masters
No single judge shall appoint a master, or order a reference to a magistrate judge, or hear and determine applications for preliminary or permanent relief in an action described in subsection (a)(2).
 .