Bill Details
S.1090 - 119th Congress
Status
Latest action
2025-03-24 - Read twice and referred to the Committee on the Judiciary.
Introduced Date
2025-03-24
Policy Area
Law
Committees
View committees (1)
Sponsors
Cosponsors
View cosponsors (1)
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would change the rules for certain federal court cases that try to block actions taken by the executive branch or by the President. In those cases, it would require a special three-judge court with judges chosen from across the country, instead of letting one judge handle the case alone. The bill also says that this type of court could not give emergency or long-term blocking orders unless a majority of the judges agree. It is meant to make it harder for a single judge to stop executive actions on their own.
- When a lawsuit asks for things like a restraining order, injunction, stay, or other court order against an executive branch action or executive order, it would be treated under special three-judge court rules.
- The Chief Justice of the United States would pick three judges at random from active federal judges nationwide. One of them must be a circuit judge, and no more than two judges can come from the same circuit.
- Before the court can issue a temporary restraining order, stay, or preliminary injunction, a majority of the three judges must agree to grant that relief.
- No single judge could appoint a master, send the case to a magistrate judge for that purpose, or decide requests for preliminary or permanent relief by themselves in these cases.
Official Summaries
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Current Full Text
[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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