Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB1758

Introduced
5/30/23  

Caption

Fair Courts Act of 2023

Impact

If enacted, SB1758 will amend Chapter 155 of Title 28 of the United States Code. It introduces a requirement for a three-judge panel to preside over cases that aim for nationwide injunctions or relief. This regulatory change could not only streamline the judicial process but also introduce a higher threshold for the approval of cases that might affect individuals or entities beyond the originally involved parties. The bill also stipulates conditions under which such judicial validations are mandatory, thereby enhancing the integrity of judicial decisions on critical cases.

Summary

SB1758, known as the 'Fair Courts Act of 2023', is a legislative proposal aimed at addressing the increasing trend of venue shopping in federal courts. The bill seeks to implement stringent requirements for cases that result in nationwide relief, necessitating that such applications be heard by a district court consisting of three judges. This move is designed to ensure that major decisions affecting broad populations are subjected to a more rigorous judicial process, potentially curbing the ability of plaintiffs to seek favorable jurisdictions that may grant broader relief than justified.

Contention

The proposed regulations could spark a significant debate about access to justice, as critics may argue that requiring three judges for nationwide relief could delay justice and complicate the legal process for plaintiffs with legitimate claims. There are concerns that such requirements might disproportionately affect individuals or smaller entities who may lack the resources or capacity to navigate complex judicial proceedings. Further, modifications to the assignment of cases to judges, ensuring randomization, aim to reduce biases but could also lead to uneven distributions of caseloads among judges, impacting efficiency.

Conclusions

Overall, SB1758 seeks to balance the need for fair judicial processes against the backdrop of a growing trend in litigation practices. By instituting measures designed to address venue shopping, the bill aims to safeguard against potential abuses of the judicial system while fostering fairness in the assignment and consideration of significant federal cases.

Companion Bills

US HB3652

Same As Fair Courts Act of 2023

Previously Filed As

US HB3652

Fair Courts Act of 2023

US SB1187

Fairness to Freedom Act of 2023

US HB2697

Fairness to Freedom Act of 2023

US HB3495

Clean Energy Minerals Reform Act of 2023

US HB3565

Spectrum Auction Reauthorization Act of 2023

US SB2668

Fair Credit for Farmers Act of 2023

US HB2760

Dignity for Detained Immigrants Act

US HB1525

FAIR Act of 2023 Fifth Amendment Integrity Restoration Act of 2023

US SB270

Protecting America’s Meatpacking Workers Act of 2023

US HB791

American Music Fairness Act of 2023

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