H.R. 4124: Restoring Judicial Separation of Powers Act

This bill, known as the Restoring Judicial Separation of Powers Act, aims to reform aspects of the United States judiciary, specifically focusing on the Supreme Court and the appeals process. Below are the main provisions of the bill:

Direct Appeals

The bill amends existing laws to allow any party to appeal directly to the United States Court of Appeals for the District of Columbia Circuit from rulings made by three-judge district courts concerning injunctive relief. This is in contrast to the current requirement that such appeals go to the Supreme Court. This provision aims to clarify and streamline the appeals process for cases where federal statutes or regulations are challenged.

Multi-Circuit Panels

The legislation introduces a multi-circuit panel to the United States Court of Appeals for the District of Columbia Circuit. This panel will consist of a selection of judges from various circuit courts across the country. Each year, the panel will be convened to handle specific cases, particularly those involving federal statutes, constitutional interpretations, or significant agency actions.

• The panel will include one judge from each of the following circuits: D.C., First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits.
• A supermajority (70%) of judges on this panel will be required to affirm any ruling that declares a federal law unconstitutional or invalid.

Nationwide Injunctions

The bill restricts the issuance of nationwide injunctions, which are legal orders that prevent the enforcement of federal laws or regulations across the country. Under this bill, if a court action seeks a nationwide injunction, the case must be transferred to the D.C. Circuit. This is intended to centralize and standardize decision-making for such significant legal rulings.

Appeal Processes and Court Procedures

It changes certain aspects of the appeal process around the Supreme Court and the D.C. Circuit to ensure consistency and clarity. Key changes include:

• Updating the language in laws governing appeal timelines to include the D.C. Circuit and the multi-circuit panel.
• Ensuring that any reversal of decisions by the appeals court or the multi-circuit panel must be accompanied by a written explanation that will be published online.

Effective Dates

The reforms introduced by this bill will take effect in October of the year following its enactment, with certain provisions regarding nationwide injunctions taking effect immediately upon enactment.

Jurisdiction and Judicial Powers

The bill emphasizes that any significant cases involving the United States or any federal agency will be assigned to the multi-circuit panel. It seeks to enhance the judiciary's efficiency and clarity by redesigning how cases are heard and decided, particularly in terms of overseeing actions that may influence nationwide policies.

Implications for Congress

According to this legislation, a requirement is established for a supermajority of judges on the multi-circuit panel to affirm any decision that declares an act of Congress invalid, which could potentially impact the legislative process and interpretation of laws significantly.

Relevant Companies

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