Restoring Judicial Separation of Powers Act

Key Points

• The bill creates a new 13-judge "multi-circuit panel" housed under the D.C. Circuit Court of Appeals. One judge is randomly selected from each of the 12 federal circuit courts, plus a randomly chosen chief judge, and they serve one-year terms starting the first Monday in October.
• This new panel would take over much of the Supreme Court's current workload, handling cases where the U.S. government or a federal agency is involved, cases about interpreting the Constitution or federal law, and challenges to executive orders.
• To strike down a law passed by Congress, at least 70 percent of the panel (10 out of 13 judges) must agree, making it much harder for courts to overturn legislation.
• The bill bans single judges from issuing orders that block federal laws, regulations, or orders nationwide. If someone seeks that kind of broad relief, their case must be transferred to the D.C. Circuit.
• Courts would be required to publish a written explanation whenever they reverse a lower court decision, targeting the so-called 'shadow docket' practice of issuing major rulings without full written opinions.

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Related Bills

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