II
119THCONGRESS
1
STSESSION S. 1090
To amend section 2284 of title 28, United States Code, to establish special
procedures for civil actions seeking to restrain executive branch actions.
IN THE SENATE OF THE UNITED STATES
MARCH24, 2025
Mr. L
EEintroduced the following bill; which was read twice and referred to
the Committee on the Judiciary
A BILL
To amend section 2284 of title 28, United States Code,
to establish special procedures for civil actions seeking
to restrain executive branch actions.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Restraining Judicial 4
Insurrectionist Act of 2025’’. 5
SEC. 2. SPECIAL PROCEDURES FOR CIVIL ACTIONS SEEK-6
ING TO RESTRAIN EXECUTIVE BRANCH AC-7
TIONS. 8
Section 2284 of title 28, United States Code, is 9
amended— 10
VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
ssavage on LAPJG3WLY3PROD with BILLS 2
•S 1090 IS
(1) in subsection (a)— 1
(A) by inserting ‘‘I
NGENERAL.—’’ before 2
‘‘A district court’’; 3
(B) by striking ‘‘shall be convened when 4
otherwise required’’ and inserting the following: 5
‘‘shall be convened when— 6
‘‘(1) otherwise required’’; and 7
(C) by striking ‘‘Congress, or when an ac-8
tion’’ and inserting the following: ‘‘Congress; 9
‘‘(2) an action is commenced against any de-10
partment or office of the executive branch that seeks 11
declaratory relief, a temporary restraining order, a 12
preliminary or permanent injunction, vacatur, a 13
stay, or other equitable relief against an action of 14
the executive branch or executive order of the Presi-15
dent; or 16
‘‘(3) an action’’; 17
(2) in subsection (b), in the matter preceding 18
paragraph (1), by striking ‘‘In any action’’ and in-19
serting ‘‘P
ROCEDURESGENERALLY.—Except as pro-20
vided in subsection (c), in any action’’; and 21
(3) by adding at the end the following: 22
‘‘(c) P
ROCEDURES FOR ACTIONSSEEKINGTORE-23
STRAINEXECUTIVEBRANCHACTIONS.— 24
VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
ssavage on LAPJG3WLY3PROD with BILLS 3
•S 1090 IS
‘‘(1) SELECTION OF JUDGES FOR A THREE - 1
JUDGE DISTRICT COURT.— 2
‘‘(A) I
N GENERAL.—Upon the filing of a 3
request for three judges in an action described 4
in subsection (a)(2), the judge to whom the re-5
quest is made shall, unless the judge determines 6
that three judges are not required, immediately 7
notify the Chief Justice of the United States, 8
who shall designate three judges at random 9
from a list of all judges in active service regard-10
less of circuit— 11
‘‘(i) one of whom shall be a circuit 12
judge in active service; and 13
‘‘(ii) not more than two of whom may 14
be serving in the same judicial circuit. 15
‘‘(B) S
ERVICE BY JUDGE RECEIVING RE -16
QUEST.—The judge to whom a request de-17
scribed in subparagraph (A) was presented may 18
serve as a member of the district court to hear 19
and determine the action if— 20
‘‘(i) the judge is selected to be a mem-21
ber at random in accordance with subpara-22
graph (A); and 23
‘‘(ii) the judge is a district judge in 24
active service. 25
VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
ssavage on LAPJG3WLY3PROD with BILLS 4
•S 1090 IS
‘‘(2) NUMBER OF JUDGES REQUIRED TO CON -1
DUCT PROCEEDINGS .—No temporary restraining 2
order, stay, preliminary injunction, or other equi-3
table relief may be granted in an action described in 4
subsection (a)(2) unless a majority of the district 5
court for the action orders that such relief be grant-6
ed. 7
‘‘(3) A
PPOINTMENTS OF MASTERS .—No single 8
judge shall appoint a master, or order a reference to 9
a magistrate judge, or hear and determine applica-10
tions for preliminary or permanent relief in an ac-11
tion described in subsection (a)(2).’’. 12
Æ
VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1090.IS S1090
ssavage on LAPJG3WLY3PROD with BILLS