Senator Mike Lee of Utah is spearheading an effort to introduce a new legislative mechanism with the Restraining Judicial Insurrectionists Act of 2025, aiming to juxtapose the judicial reach when countering presidential power. According to the official press release on Senator Lee's website, this bill proposes a three-judge panel designed for a swift examination of injunctions or declaratory relief against executive actions, ensuring an expedited review by the Supreme Court.
In Senator Lee's view, the balance that holds the American government is teetering, citing multiple district court decisions that have ostensibly encroached upon the authority of President Donald Trump and by extension, the will of the electorate. "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," Senator Lee remarked in an official press release. The senator laments the current judicial interferences that manage to pilfer the reins of various executive functions, namely military decisions, civil service alignments, foreign aid distribution, and management across Executive Branch HR departments.
The proposed legislation seeks to amend 28 USC 2284, which would require any lawsuit seeking a restraining order or declaratory judgment against the executive branch to be heard by a three-judge panel. Upon the filing of any related action, the district judge assigned would immediately refer the case to the Chief Justice of the United States who will then select three active service judges to preside over the matter.
Crucially, there is a consensus requirement: a majority of the judges must agree before any form of relief can be issued, preliminarily or permanently. Highlighting the bill's direct route to the highest court in the land, the legislation asserts that all orders brought before a three-judge district court can be directly appealed to the Supreme Court without discretion—meaning, they must take the case, according to Senator Lee's proclamation.
The attempt at legislating against what Senator Lee calls a "blatantly unconstitutional overreach" echoes an increasingly polarized debate about the separation of powers within the American governmental system, as mentioned in the same press release. This proposed bill serves as both a symbol and an instrument in the ongoing discourse over executive authority and judicial scrutiny.
