S. 1090 — Restraining Judicial Insurrectionist Act of 2025

This section revises procedures for convening three-judge district courts under 28 U.S.C. §2284 by (1) expanding the triggers in subsection (a) to require such courts for actions against any executive branch department or office seeking declaratory relief, a temporary restraining order (TRO), preliminary or permanent injunction, vacatur, stay, or other equitable relief against an executive branch action or presidential executive order (in addition to existing triggers for congressional or legislative apportionment challenges or cases required by statute); and (2) designating subsection (b) as "Procedures generally" applicable except as provided in new subsection (c). New subsection (c) establishes special procedures for actions under revised subsection (a)(2) by (1) requiring the judge receiving the request to notify the Chief Justice of the United States (instead of the circuit chief judge), who must designate three active judges at random from a national list regardless of circuit—one a circuit judge, with no more than two from the same circuit (the requesting judge may serve only if randomly selected and a district judge); (2) prohibiting any TRO, stay, preliminary injunction, or other equitable relief unless ordered by a majority of the three-judge court; and (3) barring any single judge from appointing a master, ordering reference to a magistrate judge, or hearing applications for preliminary or permanent relief. (As background, three-judge courts under current law address cases of substantial constitutional importance, such as apportionment challenges, with judges drawn from the circuit and single judges empowered for most pretrial matters except injunctions on the merits.)