Final appellate authority over federal cases would shift from the Supreme Court to the U.S. Court of Appeals for the D.C. Circuit, including a new 13-judge multi-circuit panel that hears any case involving the federal government or constitutional questions. Striking down an Act of Congress would require a supermajority of at least 70 percent of those 13 judges. The bill also bars most nationwide injunctions by transferring such cases to the D.C. Circuit, and requires written, published explanations when an appellate ruling is reversed on the "shadow docket." The changes take effect the October after enactment.
Transparency & Accountability
- Shadow docket transparency — Written published opinion required to reverse a lower ruling
- Supermajority threshold — 70% of 13-judge panel required to strike a federal law
Civil Liberties
- Nationwide injunctions — Restricted by mandatory transfer to D.C. Circuit
- Supreme Court final appellate jurisdiction — Reassigned to D.C. Circuit and multi-circuit panel
Congressional Summary
Restoring Judicial Separation of Powers ActThis 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 overdirect appeals from final decisions of three-judge panels, andappeals 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.
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Introduced in House
- Action Date
- 2025-06-25
- Date Added
- 2026-05-09
- Source
- Congress.gov →
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