H.R. 4124

119 HR 4124 IH: Restoring Judicial Separation of Powers Act
 U.S. House of Representatives
 2025-06-25
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 4124  IN THE HOUSE OF REPRESENTATIVES   June 25, 2025   Mr. Casten  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.
1.
Short title
This Act may be cited as the   Restoring Judicial Separation of Powers Act  .
I
Organization of courts
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.
(C)
United States Court of Appeals for the Second 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:
1297. Multi-circuit panel of United States Court of Appeals for the District of Columbia Circuit.
  .
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.
II
Injunctions and court dockets
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:
2285. Nationwide injunction.
  .
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
(C)
by striking  in the Supreme Court  and inserting  in 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:
2101. Time for appeal of certiorari; docketing; stay.
  .
203.
Effective date
This title, and the amendments made by this title, shall take effect on the date of enactment of this Act.