Restoring Judicial Separation of Powers Act

This bill, known as the "Restoring Judicial Separation of Powers Act," proposes substantial reforms to the federal judiciary's appellate structure. It primarily reallocates significant appellate jurisdiction from the Supreme Court of the United States to the United States Court of Appeals for the District of Columbia Circuit. Specifically, it amends existing law to direct appeals from three-judge courts, review of cases from courts of appeals, and final decisions of district courts to the D.C. Circuit instead of the Supreme Court. A key provision establishes a new multi-circuit panel within the D.C. Circuit, comprising 13 randomly selected judges from across the federal circuit courts. This panel would have exclusive jurisdiction over cases where the United States or a federal agency is a party, or those concerning constitutional interpretation, federal statutory interpretation, or executive orders. Notably, a supermajority of 70 percent of this panel's judges would be required to affirm any decision holding an Act of Congress unconstitutional, unlawful, or otherwise invalid. Furthermore, the bill addresses the issue of nationwide injunctions by requiring that any action seeking such relief against a federal statute, regulation, or order be transferred to the D.C. Circuit. It also aims to increase transparency in appellate decision-making by mandating that the Supreme Court, the D.C. Circuit, or the new multi-circuit panel provide a written, published explanation for any order reversing a lower court's decision, thereby limiting the use of "shadow docket" reversals. These changes would take effect in October of the year following enactment for court organization, and immediately upon enactment for injunction and docket provisions.