[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1170 Introduced in House (IH)]

  1st Session
                                H. R. 1170

  To provide that cases challenging the constitutionality of measures 
        passed by State referendum be heard by a 3-judge court.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 1995

 Mr. Bono (for himself, Mr. Hyde, Mr. Moorhead, Mr. Sensenbrenner, Mr. 
 Gallegly, Mr. Coble, Mr. Gekas, Mr. Canady of Florida, Mr. Goodlatte, 
 Mr. Hoke, Mr. Cox of California, Mr. McCollum, Mr. Dreier, Mr. Paxon, 
 Mr. Riggs, Mr. Lewis of California, Mr. Rohrabacher, Mr. Schiff, Mr. 
Calvert, Mr. Packard, Mr. Smith of Texas, Mr. Baker of California, Mr. 
     Herger, Mr. Hunter, Mr. Dornan, Mr. Thomas, Mr. Heineman, Mr. 
 Cunningham, Mr. Pombo, Mr. Inglis of South Carolina, Mr. McKeon, Mr. 
 Doolittle, Mr. Kim, Mr. Buyer, Mr. Royce, Mr. Flanagan, Mr. Barr, Mr. 
Horn, Mr. Bryant of Tennessee, Mr. Bilbray, Mr. Chabot, Mr. Radanovich, 
 and Mrs. Seastrand) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

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                                 A BILL


 
  To provide that cases challenging the constitutionality of measures 
        passed by State referendum be heard by a 3-judge court.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 3-JUDGE COURT IN CERTAIN ACTIONS.

    (a) In General.--Any action that is brought in or removed to a 
district court of the United States and that challenges the 
constitutionality of a State law adopted by referendum shall be heard 
and determined by a court of 3 judges in accordance with section 2284 
of title 28, United States Code, and any appeal of such action shall be 
to the Supreme Court. In any such action, the additional judges who 
will serve on the 3-judge court shall be designated under section 
2284(b)(1) of title 28, United States Code, as soon as practicable, and 
the court shall expedite the consideration of the action.
    (b) Injunctions Against Enforcement of State Law.--An interlocutory 
or permanent injunction restraining the enforcement, operation, or 
execution of a State law adopted by referendum shall not be granted by 
a district court or judge thereof upon the ground of the 
unconstitutionality of such State law unless the application for the 
injunction is heard and determined by a court of 3 judges convened 
pursuant to subsection (a). For purposes of subsection (a), the term 
``action'' includes an application for an injunction described in this 
subsection.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``State'' means each of the several States and 
        the District of Columbia;
            (2) the term ``State law'' means the constitution of a 
        State, or any ordinance, rule, regulation, or other measure of 
        a State that has the force of law, and any amendment thereto; 
        and
            (3) the term ``referendum'' means the submission to popular 
        vote of a measure passed upon or proposed by a legislative body 
        or by popular initiative.

SEC. 3. EFFECTIVE DATE.

    This Act applies to any action commenced on or after the date of 
the enactment of this Act.
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