[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1090 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1090

  To amend section 2284 of title 28, United States Code, to establish 
  special procedures for civil actions seeking to restrain executive 
                            branch actions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2025

    Mr. Lee introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 2284 of title 28, United States Code, to establish 
  special procedures for civil actions seeking to restrain executive 
                            branch actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restraining Judicial Insurrectionist 
Act of 2025''.

SEC. 2. SPECIAL PROCEDURES FOR CIVIL ACTIONS SEEKING TO RESTRAIN 
              EXECUTIVE BRANCH ACTIONS.

    Section 2284 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``In General.--'' before ``A 
                district court'';
                    (B) by striking ``shall be convened when otherwise 
                required'' and inserting the following: ``shall be 
                convened when--
            ``(1) otherwise required''; and
                    (C) by striking ``Congress, or when an action'' and 
                inserting the following: ``Congress;
            ``(2) an action is commenced against any department or 
        office of the executive branch that seeks declaratory relief, a 
        temporary restraining order, a preliminary or permanent 
        injunction, vacatur, a stay, or other equitable relief against 
        an action of the executive branch or executive order of the 
        President; or
            ``(3) an action'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``In any action'' and inserting ``Procedures 
        Generally.--Except as provided in subsection (c), in any 
        action''; and
            (3) by adding at the end the following:
    ``(c) Procedures for Actions Seeking To Restrain Executive Branch 
Actions.--
            ``(1) Selection of judges for a three-judge district 
        court.--
                    ``(A) In general.--Upon the filing of a request for 
                three judges in an action described in subsection 
                (a)(2), the judge to whom the request is made shall, 
                unless the judge determines that three judges are not 
                required, immediately notify the Chief Justice of the 
                United States, who shall designate three judges at 
                random from a list of all judges in active service 
                regardless of circuit--
                            ``(i) one of whom shall be a circuit judge 
                        in active service; and
                            ``(ii) not more than two of whom may be 
                        serving in the same judicial circuit.
                    ``(B) Service by judge receiving request.--The 
                judge to whom a request described in subparagraph (A) 
                was presented may serve as a member of the district 
                court to hear and determine the action if--
                            ``(i) the judge is selected to be a member 
                        at random in accordance with subparagraph (A); 
                        and
                            ``(ii) the judge is a district judge in 
                        active service.
            ``(2) Number of judges required to conduct proceedings.--No 
        temporary restraining order, stay, preliminary injunction, or 
        other equitable relief may be granted in an action described in 
        subsection (a)(2) unless a majority of the district court for 
        the action orders that such relief be granted.
            ``(3) Appointments of masters.--No single judge shall 
        appoint a master, or order a reference to a magistrate judge, 
        or hear and determine applications for preliminary or permanent 
        relief in an action described in subsection (a)(2).''.
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