This legislation modifies section 2284 of title 28, United States Code, to mandate the convening of a three-judge district court for civil actions that seek various forms of equitable relief against the executive branch. Specifically, this requirement applies to cases challenging actions by any department or office of the executive branch, or executive orders issued by the President, where declaratory relief, injunctions, stays, or vacatur are sought. Under the new provisions, when such a three-judge court is required, the Chief Justice of the United States will randomly designate three judges from all active federal judges, ensuring one is a circuit judge and no more than two are from the same judicial circuit. Furthermore, the bill establishes that no temporary restraining order, stay, or preliminary injunction can be granted in these cases unless a majority of the three-judge court orders it. It also prohibits a single judge from appointing masters or hearing applications for preliminary or permanent relief in these specific types of actions.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Law
Restraining Judicial Insurrectionist Act of 2025
USA119th CongressS-1090| Senate
| Updated: 3/24/2025
This legislation modifies section 2284 of title 28, United States Code, to mandate the convening of a three-judge district court for civil actions that seek various forms of equitable relief against the executive branch. Specifically, this requirement applies to cases challenging actions by any department or office of the executive branch, or executive orders issued by the President, where declaratory relief, injunctions, stays, or vacatur are sought. Under the new provisions, when such a three-judge court is required, the Chief Justice of the United States will randomly designate three judges from all active federal judges, ensuring one is a circuit judge and no more than two are from the same judicial circuit. Furthermore, the bill establishes that no temporary restraining order, stay, or preliminary injunction can be granted in these cases unless a majority of the three-judge court orders it. It also prohibits a single judge from appointing masters or hearing applications for preliminary or permanent relief in these specific types of actions.