Special procedures for civil actions seeking to restrain executive branch actions

Section 2284 of title 28, United States Code, is amended—(1)in subsection (a)—(A)by inserting In general.— before A district court;(B)by striking shall be convened when otherwise required and inserting the following: “shall be convened when—

(1)otherwise required

; and

(C)by striking Congress, or when an action and inserting the following: “Congress;

(2)an action is commenced against any department or office of the executive branch that seeks declaratory relief, a temporary restraining order, a preliminary or permanent injunction, vacatur, a stay, or other equitable relief against an action of the executive branch or executive order of the President; or(3)an action

;

(2)in subsection (b), in the matter preceding paragraph (1), by striking In any action and inserting Procedures generally.—Except as provided in subsection (c), in any action; and(3)by adding at the end the following:

(c)

Procedures for actions seeking To restrain executive branch actions

(1)

Selection of judges for a three-judge district court

(A)

In general

Upon the filing of a request for three judges in an action described in subsection (a)(2), the judge to whom the request is made shall, unless the judge determines that three judges are not required, immediately notify the Chief Justice of the United States, who shall designate three judges at random from a list of all judges in active service regardless of circuit— (i)one of whom shall be a circuit judge in active service; and(ii)not more than two of whom may be serving in the same judicial circuit.(B)

Service by judge receiving request

The judge to whom a request described in subparagraph (A) was presented may serve as a member of the district court to hear and determine the action if—(i)the judge is selected to be a member at random in accordance with subparagraph (A); and (ii)the judge is a district judge in active service.(2)

Number of judges required to conduct proceedings

No temporary restraining order, stay, preliminary injunction, or other equitable relief may be granted in an action described in subsection (a)(2) unless a majority of the district court for the action orders that such relief be granted.(3)

Appointments of masters

No single judge shall appoint a master, or order a reference to a magistrate judge, or hear and determine applications for preliminary or permanent relief in an action described in subsection (a)(2).