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Expediting Civil Litigation Against the Executive Act of 2023

H.R. 5280 · 118th Congress · Aug 25, 2023 · Lineage

A BILL

To amend title 28, United States Code, to provide for the expedited review of actions to which the President is a party, and for other purposes.

Section 1 Short title

This Act may be cited as the “Expediting Civil Litigation Against the Executive Act of 2023”.

Sec. 2 Expedited review of actions to which the President is a party

(a)
In general— Chapter 190 of title 28, United States Code, is amended by adding at the end the following:

“5002. Expedited review of actions to which the President is a party

“(a) In general—With respect to a covered civil action, the following shall apply:

“(1) The court shall advance on the docket and expedite to the greatest possible extent the disposition of such civil action.

“(2) Upon the request of a party, the civil action shall be heard by a three-judge panel pursuant to section 2284.

“(3) An appeal may be taken directly to the Supreme Court of the United States from any final judgment in such a civil action, and if it has not previously ruled on the question, the Supreme Court shall accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal to the greatest extent possible.

“(b) Definition—In this section, the term covered civil action means a civil action in which—

“(1)

“(A) the President has a personal financial interest; or

“(B) the President’s conduct is alleged to constitute sexual harassment, sexual assault, or other sexual misconduct;

“(2) the President is properly joined as a party; and

“(3) the complainant has stated a valid claim upon which relief can be granted.”

(b)
Clerical amendment— The table of sections for chapter 190 of title 28, United States Code, is amended by inserting after the item related to section 5001 the following: