Seventh Amendment Restoration Act
The Seventh Amendment Restoration Act would change how certain agency adjudications are reviewed. Specifically, it amends 5 U.S.C. § 702 to add a new subsection (b) that allows a person who is the subject of an action heard by an agency hearing officer (such as an administrative law judge or other agency employee who hears the case) to remove that action to a United States district court. The removal would be filed in the district where the person resides or has a principal place of business, using the same removal process as litigants use to remove actions from state court to federal court under 28 U.S.C. § 1446. The bill defines “agency hearing officer” broadly to include ALJs and similar agency personnel. The title signals an aim to restore Seventh Amendment rights by providing an option to move agency actions into federal court. In short, if enacted, individuals or entities facing agency decisions could opt to have their case heard in federal district court instead of in the agency’s internal or external administrative review process, subject to the standard removal procedures and the district court’s jurisdiction.
Key Points
- 1Adds a new removal right: A party can remove an action brought before an agency hearing officer to a U.S. district court.
- 2Scope of removal: The district court can be in the district where the party resides or has a principal place of business.
- 3Procedure for removal: The removal must be filed in the district court in the same manner as a removal from a state court to federal court under 28 U.S.C. § 1446.
- 4Who may be removed: The term “agency hearing officer” is defined to include administrative law judges or other agency employees authorized to hear the action.
- 5Name and framing: The bill is titled the “Seventh Amendment Restoration Act,” suggesting a link to restoring jury-trial or court-review rights associated with the Seventh Amendment, though the bill text focuses on forum transfer rather than explicitly guaranteeing a jury trial.