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





                                                  Union Calendar No. 91

104th CONGRESS

  1st Session

                               H. R. 1170

                          [Report No. 104-179]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 11, 1995

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 91
104th CONGRESS
  1st Session
                                H. R. 1170

                          [Report No. 104-179]

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


_______________________________________________________________________


                    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

                             July 11, 1995

    Additional sponsors: Mr. Hancock, Mr. Baker of Louisiana, Mrs. 
                        Chenoweth, and Mr. DeLay

                             July 11, 1995

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                8, 1995]

_______________________________________________________________________

                                 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 FOR CERTAIN INJUNCTIONS.

    Any application for an interlocutory or permanent injunction 
restraining the enforcement, operation, or execution of a State law 
adopted by referendum shall not be granted by a United States 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 in accordance with section 2284 of 
title 28, United States Code. Any appeal of a determination on such 
application shall be to the Supreme Court. In any case to which this 
section applies, 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 application for an injunction.

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 statute, 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 application for an injunction that is filed 
on or after the date of the enactment of this Act.
            Amend the title so as to read: ``A bill to provide that an 
        application for an injunction restraining the enforcement, 
        operation, or execution of a State law adopted by referendum 
        may not be granted on the ground of the unconstitutionality of 
        such law unless the application is heard and determined by a 3-
        judge court.''.