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United States · Bill · HR

H.R. 1252 (105th)

Judicial Reform Act of 1998

referredUnited States· United States Congress· EN

Introduced

9 April 1997

Last action

Status

Referred to Subcommittee on Oversight and Courts.

Sponsors

Subjects

Discovery layer

Source updated

10 August 2026

Summary

Judicial Reform Act of 1997 - States that an application for an injunction against a State law adopted by referendum shall not be granted by a district court or judge on the ground of unconstitutionality unless such application is heard and determined by a three-judge panel under Federal law. Provides for expedited appeal of such a determination directly to the Supreme Court. Provides for interlocutory appeal (within ten days) to the appropriate court of appeals of a determination of whether an action may be maintained as a class action, without any stay of the class action proceedings in the district court. Requires complaints filed against the conduct of a Federal judge in one judicial circuit to be referred to a different judicial circuit in accordance with a system established by the Judicial Conference which prescribes the appropriate circuits for such referral. Requires such system to be established and submitted to the Congress within 180 days after the enactment of this section. Prohibits a district court from requiring any State or political subdivision thereof to impose, increase, or assess any tax for the purpose of enforcing any Federal or State law except under certain narrow conditions and limitations (e.g., there is no other means of redress, the proposed tax is narrowly tailored, the tax will not result in a local loss of revenue or reduction of property value, and related requirements). Subjects a finding of the presence of such conditions and requirements to immediate interlocutory review. Allows interested party intervention in a proceeding concerning the imposition of a tax. Terminates an order imposing a tax either: (1) one year after the date of imposition; or (2) an earlier date, if the court determines that the deprivation of rights addressed by such tax has been cured. Provides that, if all parties on one side of a Federal civil case to be tried in a district court bring a motion to reassign the case, such case shall be reassigned to another appropriate judicial officer. Entitles each side to one such reassignment without cause. Outlines procedural requirements for bringing such motion. Requires the party bringing the motion to pay reasonable costs incurred by the other party in travelling to the new location for all matters associated with such case.

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Documents

11 official files

Referred in Senate (text)

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