Bill Summary
The "Restraining Judicial Insurrectionist Act of 2025" proposes amendments to Section 2284 of Title 28 of the United States Code, which deals with procedures for civil actions against executive branch actions. The key changes include:
1. **Establishment of Special Procedures**: The legislation introduces specific procedures for civil actions that seek to restrain actions taken by the executive branch, including executive orders issued by the President.
2. **Three-Judge Panel Requirement**: When such a civil action is filed, a three-judge district court will be convened to adjudicate the case. This panel will be randomly selected from active judges across different circuits to ensure impartiality.
3. **Majority Decision for Relief**: The bill stipulates that no temporary restraining orders or equitable relief can be granted unless a majority of the three-judge panel agrees to it. Additionally, it prohibits a single judge from appointing a master or referring the case to a magistrate judge.
Overall, the legislation aims to streamline and regulate the judicial process for cases challenging executive branch actions, ensuring that such significant matters are reviewed by a multi-judge panel for enhanced oversight and fairness.
Possible Impacts
The "Restraining Judicial Insurrectionist Act of 2025" could have several implications for individuals and groups seeking to challenge executive branch actions. Here are three examples:
1. **Increased Difficulty in Challenging Executive Actions**: The legislation establishes special procedures that may make it more challenging for individuals or organizations to seek judicial relief against executive actions. For example, the requirement for a three-judge panel to hear cases seeking restraining orders or injunctions could lead to delays in proceedings, making it harder for plaintiffs to obtain timely judicial intervention against potentially harmful executive actions.
2. **Reduced Access to Justice for Individuals and Organizations**: The requirement that equitable relief may only be granted if a majority of the three-judge panel orders it could create a higher threshold for obtaining relief. This could disproportionately affect individuals and smaller organizations lacking the resources to navigate the more complex judicial process, effectively limiting their ability to challenge government actions that they perceive as unjust or unlawful.
3. **Impact on Civil Rights and Advocacy Groups**: Advocacy groups that aim to protect civil rights and hold the executive branch accountable may find their ability to respond quickly to executive orders or policies severely curtailed. The procedural changes could hinder their ability to initiate legal challenges in a timely manner, potentially allowing harmful executive actions to remain in effect longer than they otherwise would, thereby affecting the rights and protections of vulnerable populations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1090 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1090
To amend section 2284 of title 28, United States Code, to establish
special procedures for civil actions seeking to restrain executive
branch actions.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restraining Judicial Insurrectionist
Act of 2025''.
SEC. 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).''.
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