Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1090 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 1090
5	5	To amend section 2284 of title 28, United States Code, to establish special
6	6	procedures for civil actions seeking to restrain executive branch actions.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	MARCH24, 2025
9	9	Mr. L
10	10	EEintroduced the following bill; which was read twice and referred to
11	11	the Committee on the Judiciary
12	12	A BILL
13	13	To amend section 2284 of title 28, United States Code,
14	14	to establish special procedures for civil actions seeking
15	15	to restrain executive branch actions.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘Restraining Judicial 4
20	20	Insurrectionist Act of 2025’’. 5
21	21	SEC. 2. SPECIAL PROCEDURES FOR CIVIL ACTIONS SEEK-6
22	22	ING TO RESTRAIN EXECUTIVE BRANCH AC-7
23	23	TIONS. 8
24	24	Section 2284 of title 28, United States Code, is 9
25	25	amended— 10
26	26	VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
27	27	ssavage on LAPJG3WLY3PROD with BILLS 2
28	28	•S 1090 IS
29	29	(1) in subsection (a)— 1
30	30	(A) by inserting ‘‘I
31	31	NGENERAL.—’’ before 2
32	32	‘‘A district court’’; 3
33	33	(B) by striking ‘‘shall be convened when 4
34	34	otherwise required’’ and inserting the following: 5
35	35	‘‘shall be convened when— 6
36	36	‘‘(1) otherwise required’’; and 7
37	37	(C) by striking ‘‘Congress, or when an ac-8
38	38	tion’’ and inserting the following: ‘‘Congress; 9
39	39	‘‘(2) an action is commenced against any de-10
40	40	partment or office of the executive branch that seeks 11
41	41	declaratory relief, a temporary restraining order, a 12
42	42	preliminary or permanent injunction, vacatur, a 13
43	43	stay, or other equitable relief against an action of 14
44	44	the executive branch or executive order of the Presi-15
45	45	dent; or 16
46	46	‘‘(3) an action’’; 17
47	47	(2) in subsection (b), in the matter preceding 18
48	48	paragraph (1), by striking ‘‘In any action’’ and in-19
49	49	serting ‘‘P
50	50	ROCEDURESGENERALLY.—Except as pro-20
51	51	vided in subsection (c), in any action’’; and 21
52	52	(3) by adding at the end the following: 22
53	53	‘‘(c) P
54	54	ROCEDURES FOR ACTIONSSEEKINGTORE-23
55	55	STRAINEXECUTIVEBRANCHACTIONS.— 24
56	56	VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
57	57	ssavage on LAPJG3WLY3PROD with BILLS 3
58	58	•S 1090 IS
59	59	‘‘(1) SELECTION OF JUDGES FOR A THREE - 1
60	60	JUDGE DISTRICT COURT.— 2
61	61	‘‘(A) I
62	62	N GENERAL.—Upon the filing of a 3
63	63	request for three judges in an action described 4
64	64	in subsection (a)(2), the judge to whom the re-5
65	65	quest is made shall, unless the judge determines 6
66	66	that three judges are not required, immediately 7
67	67	notify the Chief Justice of the United States, 8
68	68	who shall designate three judges at random 9
69	69	from a list of all judges in active service regard-10
70	70	less of circuit— 11
71	71	‘‘(i) one of whom shall be a circuit 12
72	72	judge in active service; and 13
73	73	‘‘(ii) not more than two of whom may 14
74	74	be serving in the same judicial circuit. 15
75	75	‘‘(B) S
76	76	ERVICE BY JUDGE RECEIVING RE -16
77	77	QUEST.—The judge to whom a request de-17
78	78	scribed in subparagraph (A) was presented may 18
79	79	serve as a member of the district court to hear 19
80	80	and determine the action if— 20
81	81	‘‘(i) the judge is selected to be a mem-21
82	82	ber at random in accordance with subpara-22
83	83	graph (A); and 23
84	84	‘‘(ii) the judge is a district judge in 24
85	85	active service. 25
86	86	VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1090.IS S1090
87	87	ssavage on LAPJG3WLY3PROD with BILLS 4
88	88	•S 1090 IS
89	89	‘‘(2) NUMBER OF JUDGES REQUIRED TO CON -1
90	90	DUCT PROCEEDINGS .—No temporary restraining 2
91	91	order, stay, preliminary injunction, or other equi-3
92	92	table relief may be granted in an action described in 4
93	93	subsection (a)(2) unless a majority of the district 5
94	94	court for the action orders that such relief be grant-6
95	95	ed. 7
96	96	‘‘(3) A
97	97	PPOINTMENTS OF MASTERS .—No single 8
98	98	judge shall appoint a master, or order a reference to 9
99	99	a magistrate judge, or hear and determine applica-10
100	100	tions for preliminary or permanent relief in an ac-11
101	101	tion described in subsection (a)(2).’’. 12
102	102	Æ
103	103	VerDate Sep 11 2014 00:02 Mar 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1090.IS S1090
104	104	ssavage on LAPJG3WLY3PROD with BILLS