[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1027 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1027

 To amend title 28, United States Code, to provide for a 3-judge court 
  to hear and determine any application for an injunction against the 
        enforcement of a State or Federal law on the ground of 
              unconstitutionality, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1997

  Mr. Paxon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to provide for a 3-judge court 
  to hear and determine any application for an injunction against the 
        enforcement of a State or Federal law on the ground of 
              unconstitutionality, and for other purposes.

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

SECTION 1. THREE-JUDGE COURT.

    (a) In General.--Chapter 155 of title 28, United States Code, is 
amended by inserting before section 2283 the following:
``Sec. 2281. Injunction against enforcement of State statute; three-
              judge court required
    ``An interlocutory or permanent injunction restraining the 
enforcement, operation, or execution of any State statute by 
restraining the action of any officer of such State in the enforcement 
or execution of such statute or of an order made by an administrative 
board or commission acting under State statutes, shall not be granted 
by any district court upon the ground of the unconstitutionality of 
such statute unless the application therefor is heard and determined by 
a district court of three judges under section 2284 of this title.
``Sec. 2282. Injunction against enforcement of Federal statute; three-
              judge court required
    ``An interlocutory or permanent injunction restraining the 
enforcement, operation, or execution of any Act of Congress for 
repugnance to the Constitution of the United States shall not be 
granted by any district court unless the application therefor is heard 
and determined by a district court of three judges under section 2284 
of this title.''.
    (b) Conforming Amendments.--(1) Section 2284(a) of title 28, United 
States Code, is amended by inserting ``pursuant to section 2281 or 2282 
or'' after ``shall be convened''.
    (2) The table of contents for chapter 155 of title 28, United 
States Code, is amended by inserting before the item relating to 
section 2283 the following:

``2281. Injunction against enforcement of State statute; three-judge 
                            court required.
``2282. Injunction against enforcement of Federal statute; three-judge 
                            court required.''.

SEC. 2. AUTHORITY OF SUPREME COURT TO DENY CERTIORARI.

    Section 1253 of title 28, United States Code, is amended by 
inserting before the period at the end the following: ``, except for 
proceedings under section 2281 or 2282''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall not apply to any action 
commenced before the date of the enactment of this Act.
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