Restraining Judicial Insurrectionist Act of 2025
This bill, titled the Restraining Judicial Insurrectionist Act of 2025, would change how courts handle civil actions that seek to restrain executive-branch actions. It amends 28 U.S.C. 2284 to require special procedures—specifically a three-judge district court panel—for most actions against executive branch actions (such as agency orders or presidential actions) that seek declaratory relief, temporary restraining orders, preliminary or permanent injunctions, vacatur, stays, or other equitable relief. The panel would be chosen at random by the Chief Justice from all active judges, must include at least one circuit judge, and may not include more than two judges from the same circuit. A majority of the panel would be required to grant relief, and a single district judge could not appoint masters, refer to magistrate judges, or hear such relief applications. The overall aim appears to be to impose broader, cross-circuit review and prevent expedited relief decisions by a single judge in high-stakes confrontations with executive actions.
Key Points
- 1Short title: The bill is named the “Restraining Judicial Insurrectionist Act of 2025.”
- 2Scope of special procedures: Amends 28 U.S.C. 2284 to apply special three-judge procedures to civil actions that seek to restrain executive branch actions (including TROs, preliminary/permanent injunctions, vacatur, stays, or other equitable relief against executive actions or orders).
- 3Trigger for three-judge panel: The three-judge panel is invoked for actions described as involving the executive branch seeking such relief against its actions or orders.
- 4Selection and composition of the panel:
- 5- Upon request, three judges are designated at random by the Chief Justice from the pool of all active judges, with at least one sitting circuit judge and no more than two from the same circuit.
- 6- A judge selected to the panel who is a district judge in active service may serve on the panel.
- 7Requirements for granting relief: No TRO, stay, or injunction or other equitable relief may be granted unless a majority of the three-judge panel orders it.
- 8Limitations on single-judge authority: A single judge may not appoint a master, refer to a magistrate judge, or hear and determine applications for preliminary or permanent relief in these actions.
- 9Procedural structure: The new provisions are integrated into the existing framework of Section 2284, with an explicit subsection (c) detailing the procedures for actions restraining executive branch actions.