S. 1090: Restraining Judicial Insurrectionist Act of 2025

This bill, known as the Restraining Judicial Insurrectionist Act of 2025, aims to amend certain judicial procedures specifically related to actions that seek to limit or restrain the activities of the executive branch of the U.S. government. Here’s a summary of the key provisions of the bill:

Key Amendments

• Special Procedures Established: The bill proposes to change existing laws regarding how courts handle cases that attempt to restrain actions by the executive branch, such as executive orders or actions taken by executive departments.
• Three-Judge Panels: When a civil action seeks to challenge executive branch actions, it would require a special three-judge panel to hear the case. This panel will be designated by the Chief Justice of the United States and must include one circuit judge and no more than two judges from the same judicial circuit.
• Restrictions on Relief: The bill stipulates that no temporary restraining order, preliminary injunction, or other equitable relief in cases against the executive branch can be granted unless a majority of the judges on the panel agree to it. This adds a layer of difficulty for those seeking immediate judicial relief against the executive's actions.
• Limitations on Judge Assignments: A single judge cannot appoint a special master or reference a case to a magistrate judge in actions against the executive branch. This is intended to centralize decision-making within the three-judge panel rather than allowing one judge to make significant determinations.

Purpose of the Bill

The purpose of this legislation is to refine the legal processes associated with judicial challenges to executive actions. By establishing these specific procedures and requirements, the bill aims to create more uniformity and higher barriers for judicial interventions against the executive branch, potentially to prevent what some may view as misuse of judicial power or interference with executive authority.

Overall Impact

This bill would reform how judicial challenges to executive actions are processed, potentially affecting the speed and ease of such challenges. It would place additional requirements on litigants, which might influence the types of cases that are brought against the executive branch.

Relevant Companies

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