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Sunday, March 30, 2025

Senator Lee introduces bill addressing judicial injunctions against executive authority

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Sen. Mike Lee, U.S. Senator for Utah | Official U.S. Senate headshot

Sen. Mike Lee, U.S. Senator for Utah | Official U.S. Senate headshot

Senator Mike Lee has introduced the Restraining Judicial Insurrectionists Act of 2025. The proposed legislation aims to address recent judicial decisions that, according to Lee, undermine President Donald Trump's authority as Commander in Chief. The bill seeks to establish a three-judge panel to review injunctions or declaratory relief against the President and the Executive Branch, with an expedited appeal process to the Supreme Court.

Lee expressed concerns over what he describes as "blatantly unconstitutional overreach" by district court judges. He stated, "America’s government cannot function if the legitimate orders of our Commander in Chief can be overridden at the whim of a single district court judge." He further emphasized that this legislation would prevent what he called "unelected radicals in robes" from disrupting the separation of powers.

The bill proposes amendments to 28 USC 2284, mandating that any legal action against the executive branch seeking injunctive or declaratory relief will be handled by a three-judge district court. Upon filing such actions, it requires referral to the Chief Justice who will select three active service judges for presiding over these cases. For any form of relief to be issued, a majority agreement among these judges is necessary. Furthermore, since this involves a three-judge district court, all orders are directly appealable to the Supreme Court without discretion.

The full text of the bill and exclusive coverage by the Washington Examiner are available for further reading.

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