Restoring Judicial Separation of Powers Act

Restoring Judicial Separation of Powers Act

This bill revises the federal statutory framework that confers appellate jurisdiction to courts.

Among the changes, the bill grants the U.S. Court of Appeals for the D.C. Circuit—not the Supreme Court—jurisdiction over

• direct appeals from final decisions of three-judge panels, and
• appeals by certiorari and certified questions.

The bill also establishes a 13-judge multi-circuit panel and grants it jurisdiction over any case in which the United States or a federal agency is a party, or a case concerning constitutional interpretation, statutory interpretation of federal law, or the function or actions of an executive order.

Finally, the bill specifies that whenever an action before a federal court seeks injunctive relief barring the enforcement of a federal law, statute, regulation, or order against a nonparty, the court shall, upon a motion of a party, transfer the action to the U.S. Court of Appeals for the D.C. Circuit.