To provide for the expedited judicial review for Members of Congress.
What it does: Rewrites page 27, line 21 through the end
Sen. Jon Kyl (R-AZ)Rewrites page 27, line 21 through the end
ReplacesPrinted pageRemoves page 27, line 21 through the end of the printed bill. See that page
Inserted: SEC. 8. JUDICIAL REVIEW.
Inserted: (a) Special Rules for Actions Brought on Constitutional Grounds.--If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:
Inserted: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
Inserted: (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
Inserted: (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
Inserted: (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
Inserted: (b) Intervention by Members of Congress.--
Inserted: (1) In general.--In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is challenged (including an action described in subsection (a)), any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or the Senate shall have the right to intervene or file legal pleadings or briefs either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment.
Inserted: (2) Court efficiency.--To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any action described in paragraph (1) may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
Inserted: (c) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), to challenge the constitutionality of any provision of this Act or any amendment made by this Act.
Original wording
On page 27, strike line 21 through the end of the bill and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 27, strike line 21 through the end of the bill and insert the following:
SEC. 8. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds.--If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:
(1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
(2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
(3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
(b) Intervention by Members of Congress.--
(1) In general.--In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is challenged (including an action described in subsection (a)), any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or the Senate shall have the right to intervene or file legal pleadings or briefs either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment.
(2) Court efficiency.--To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any action described in paragraph (1) may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
(c) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), to challenge the constitutionality of any provision of this Act or any amendment made by this Act.
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Senate amendment submitted
February 25, 2009
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Senate amendment submitted
February 25, 2009
Senate amendment agreed to: Amendment SA 574 agreed to in Senate by Voice Vote.
February 25, 2009
Senate amendment proposed (on the floor): Amendment SA 574 proposed by Senator Kyl.(consideration: CR S2442; text: CR S2442)
February 25, 2009
Amendment SA 574 proposed by Senator Kyl. (consideration: CR S2442; text: CR S2442) To provide for the expedited judicial review for Members of Congress.
February 25, 2009
Amendment SA 574 agreed to in Senate by Voice Vote.
February 25, 2009