H.R. 4124 — Restoring Judicial Separation of Powers Act

This section redirects direct appeals from orders granting or denying, after notice and hearing, interlocutory or permanent injunctions by three-judge district courts—convened by statute for certain civil actions (e.g., constitutional challenges to federal laws)—to the U.S. Court of Appeals for the D.C. Circuit (from the Supreme Court).

This section revises 28 U.S.C. 1254 to authorize the U.S. Court of Appeals for the District of Columbia Circuit, rather than the Supreme Court, to review cases from the courts of appeals by (1) writ of certiorari granted upon petition of any party in a civil or criminal case before or after judgment, or (2) certification by a court of appeals of any question of law, with the D.C. Circuit able to issue binding instructions or require the full record for decision. (As background, current law allows the Supreme Court to review federal courts of appeals decisions via these mechanisms to resolve circuit conflicts or important federal questions.)

This section establishes a multi-circuit panel of 13 judges within the U.S. Court of Appeals for the District of Columbia Circuit. The chief judge of that court convenes the panel each year, consisting of (1) one randomly selected judge from each of 12 specified circuits (D.C., 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, and 11th Circuits) and (2) one randomly selected chief judge from those circuits. The chief judge assigns to the panel any case in which the United States or a federal agency is a party, or any case concerning constitutional interpretation, statutory interpretation of federal law, or the function or actions of an executive order. Panel judges serve one-year terms beginning at 10:00 a.m. Eastern Time on the first Monday in October and ending at 9:59 a.m. Eastern Time on the first Monday in October of the following year. A supermajority of at least 70% of panel judges is required to affirm any decision holding an Act of Congress unconstitutional, unlawful, or otherwise invalid. This section also makes a conforming amendment to the table of sections for 28 U.S.C. chapter 83.

This section establishes a new procedural rule (28 U.S.C. §2285) requiring any U.S. district court, upon motion by a party within 30 days of an initial filing, to transfer to the U.S. Court of Appeals for the D.C. Circuit any action seeking injunctive relief that restrains enforcement of a federal statute, regulation, or order against nonparties. (Thus, challenges to federal enforcement actions affecting nonparties—commonly known as nationwide injunctions—are centralized in the D.C. Circuit, which may consolidate related cases under Federal Rule of Civil Procedure 42.)

This section revises 28 U.S.C. §2101, which establishes deadlines for direct appeals and writs of certiorari from district court decisions (including 30 days for interlocutory direct appeals under §1253 holding Acts of Congress unconstitutional, 60 days for final direct appeals, and 90 days for other civil appeals or certiorari), by expanding the courts eligible to hear such appeals from the Supreme Court only to also include the U.S. Court of Appeals for the District of Columbia Circuit or a multi-circuit panel under §1297 in subsections (a), (b), (c), (e), and (f). It further authorizes a justice or judge of the relevant court (previously, only a Supreme Court justice) to extend certiorari deadlines for good cause by up to 60 days; permits stays of judgments pending certiorari by judges of the relevant court; requires any order reversing a lower court decision by these courts to include a written explanation provided to parties and published on the court's website; and updates the section heading to "Time for appeal or certiorari; docketing; stay" with a conforming change to the table of sections.