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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5148 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5148
To amend title 28, United States Code, concerning case assignment
procedures for district and circuit courts to ensure randomized case
assignments.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2026
Mr. Schmitt introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, concerning case assignment
procedures for district and circuit courts to ensure randomized case
assignments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blocking Overt Attempts at Shopping
By Enforcing Randomization Guidelines Act'' or the ``BOASBERG Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote confidence in the
impartiality of the judiciary and prevent undue influence in the
assignment of cases in the Federal courts by mandating the courts
implement processes to randomly assign cases amongst judges and
reassign cases in limited circumstances following intervention by the
Supreme Court of the United States.
SEC. 3. RANDOMIZED CASE ASSIGNMENTS IN DISTRICT COURTS; REASSIGNMENT
FOLLOWING SUPREME COURT INTERVENTION.
Section 137 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Random Assignment of Civil Proceedings.--
``(1) In general.--Notwithstanding subsection (a), all
district courts shall adopt and observe a rule mandating the
random assignment of all civil cases. The rule shall ensure
that no party, attorney, or judge (including a chief judge) may
select, direct, or influence the assignment of any case to a
particular judge.
``(2) Exceptions.--A case may be reassigned from its
randomly assigned judge only under the following circumstances:
``(A) If the assigned judge is required to recuse
or is otherwise disqualified under Federal law or
judicial ethics rules.
``(B) If a case is substantially related to a
currently pending case before another judge in the same
district, the assigned judge may, at the discretion of
that judge, consolidate or reassign the case for
judicial efficiency if the court issues a memorandum
required under paragraph (5)(B).
``(C) If the chief judge of the district, publicly
and with the consent of a majority of active judges in
the district, certifies that for good cause and in the
interest of docket efficiency a case needs to be
reassigned from the randomly assigned judge, provided
that the reassignment is not based on the identity of
the parties or attorneys involved or the nature or
subject matter of the case.
``(D) In a circumstance described in subsection
(d)(2).
``(3) Declining a case assignment.--A judge may not decline
a case after the case has been randomly assigned to that judge.
A judge designated as the emergency on-call judge for a period
may not decline a case assigned during that period.
``(4) Rules for chief judges.--A chief judge of a district
court shall not self-assign cases outside the randomized
process. The chief judge of a district court shall not use the
position of chief judge to influence the assignment of any
case.
``(5) Transparency.--
``(A) In general.--All district courts shall
publicly post and disclose any rules, orders, policies,
or plans regarding the assignment of civil cases.
``(B) Memorandum.--In any civil case where a judge
cannot be randomly assigned, or a case is reassigned,
the district court shall publicly issue a memorandum
indicating that fact and explaining why the case could
not be randomly assigned or was reassigned.
``(C) No posting of rules.--
``(i) In general.--To prevent circumvention
of random case assignment, district courts
shall not publicly post or disclose any rules,
orders, policies, or plans regarding the
identity of the judge on-call for emergencies.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be interpreted to limit
the requirements of subparagraphs (B) or (D).
``(D) Statistical report.--The clerk of the court
shall annually publish a statistical report summarizing
case assignments, including reassignment rates and
reasons for reassignments.
``(6) Protecting random assignment.--Any attempt to
manipulate or evade the randomized case assignment system shall
be subject to--
``(A) in the case of offending conduct by a lawyer,
sanctions, including potential case dismissal or
disciplinary action;
``(B) in the case of offending conduct by a judge,
the judicial misconduct process; or
``(C) in the case of offending conduct by a court
employee, disciplinary action, including potential
termination of employment.
``(7) Senior judges.--Case assignments for senior judges
shall be random to the greatest extent possible. Nothing in
this section shall be construed to impede the assignment of
cases to senior judges.
``(8) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) to prevent district courts from assigning
cases filed within a division to 1 or more judges; or
``(B) to affect the ability of a senior judge to
take on a reduced caseload.
``(d) Reassignment After Erroneous Rulings.--
``(1) In general.--Notwithstanding any other requirement,
in any circumstance described in paragraph (2), a case or
controversy shall be reassigned, through a random assignment
process, from the assigned district judge to another district
judge within the district. If no such judge is available in the
same district, the case or controversy shall be reassigned,
through a random assignment process, to another available
district judge within the circuit, to the extent practicable
and consistent with applicable law.
``(2) Circumstances described.--The circumstances described
in this paragraph are circumstances in which the Supreme Court
of the United States--
``(A) vacates or reverses, in whole or in part, the
judgment of the district court;
``(B) vacates or reverses, in whole or in part, an
injunction granted by the district court;
``(C) vacates or reverses, in whole or in part, the
judgment of the court of appeals that affirmed the
district court in relevant part;
``(D) issues an extraordinary writ authorized by
section 1651 in the case;
``(E) issues a stay (other than an administrative
stay) of an order of the district court;
``(F) issues an injunction where the district court
had declined to issue such an injunction;
``(G) issues a writ of prohibition or mandamus
involving the assigned district judge related to the
case;
``(H) issues a writ of habeas corpus where the
district court declined to issue such a writ and the
prisoner is a Federal officer described in section
1442.''.
SEC. 4. RANDOMIZED PANEL AND CASE ASSIGNMENTS IN THE CIRCUIT COURTS.
Section 46(b) of title 28, United States Code, is amended--
(1) by striking ``(b) In'' and inserting the following:
``(b)(1) In''; and
(2) by striking the third sentence and all that follows
through the end and inserting the following:
``(2) In each circuit, the court shall adopt and observe a rule
providing for the random assignment of judges to such panels. The rule
shall ensure that no party, attorney, or judge (including a chief
judge) may select, direct, or influence the assignment of any judge to
a particular panel.
``(3) In each circuit, the court shall adopt and observe a rule
providing for the random assignment of such panels to cases and
controversies. The rule shall ensure that no party, attorney, or judge
may select, direct, or influence the assignment of any panel to a
particular case or controversy.
``(4) A judge may be reassigned from a randomly assigned panel, and
a panel may be reassigned from a randomly assigned case or controversy,
only under the following circumstances:
``(A) If an assigned judge is required to recuse or is
otherwise disqualified under Federal law or judicial ethics
rules.
``(B) If a case or controversy is substantially related to
a currently pending case or controversy before another panel in
the circuit, that panel may, at its discretion, consolidate or
reassign the case for judicial efficiency.
``(C) If the chief judge of the circuit, publicly and with
the consent of a majority of active judges in the circuit,
certifies that for good cause and in the interest of docket
efficiency a case needs to be reassigned from the randomly
assigned panel, provided that such reassignment is not based on
the identity of the parties or attorneys involved or the nature
or subject matter of the case.
``(5) Notwithstanding anything in this subsection to the contrary,
the United States Court of Appeals for the Federal Circuit shall
determine by rule a procedure for the rotation of judges from panel to
panel to ensure that all of the judges sit on a representative cross
section of the cases heard and, notwithstanding the first sentence of
this subsection, may determine by rule the number of judges, not fewer
than three, who constitute a panel.
``(6) A judge may not decline an assignment to a panel, and a panel
may not decline an assignment to a case or controversy, after the
relevant random assignment process. A judge assigned as an emergency
on-call judge or to an emergency on-call panel for a period shall not
decline a case during that period. A panel assigned to be on-call for
emergencies for a period shall not decline a case during that period.
Nothing in this paragraph shall be construed to affect the ability of a
senior judge to take on a reduced caseload.
``(7) A chief judge of a circuit shall not self-assign to a panel,
or self-assign a panel on which he or she sits to a case or
controversy, outside the randomized process. The chief judge of a
circuit shall not use the position of chief judge to influence the
assignment of any judge to a panel or any panel to any case or
controversy.
``(8)(A) All circuit courts shall publicly post and disclose any
rules, orders, policies, or plans regarding the assignment of civil
cases.
``(B) In any civil case where a judge cannot be randomly assigned
to a panel or a panel cannot be randomly assigned to a case or
controversy, or where a judge is reassigned from a panel or a panel is
reassigned from a case or controversy, the circuit court shall publicly
issue a memorandum indicating that fact and explaining why the judge,
panel, or case could not be randomly assigned or was reassigned.
``(C)(i) To prevent circumvention of random panel and case
assignment, circuit courts shall not publicly post or disclose any
rules, orders, policies, or plans regarding the identity of the judges
or panel on-call for emergencies.
``(ii) This subparagraph shall not be interpreted to limit the
requirements of subparagraphs (B) or (D).
``(D) The clerk of the court shall annually publish a statistical
report summarizing case assignments, including reassignment rates and
reasons for reassignments.
``(9) Any attempt to manipulate or evade the randomized case
assignment system shall be subject to--
``(A) in the case of offending conduct by a lawyer,
sanctions, including potential case dismissal or disciplinary
action;
``(B) in the case of offending conduct by a judge, the
judicial misconduct process; or
``(C) in the case of offending conduct by a court employee,
disciplinary action, including potential termination of
employment.
``(10) Panel assignments for senior judges shall be random to the
greatest extent possible. Nothing in this section shall be construed to
impede the assignment of senior judges to panels.''.
``(11)(A) Nothing in this subsection shall be construed to prohibit
a court of appeals from maintaining separate randomized procedures for
merits panels, motions panels, emergency panels, screening panels, or
other categories of appellate business.
``(B) The procedures described in subparagraph (A) shall prohibit
any party, attorney, or judge from selecting, directing, or influencing
the assignment of a particular judge or panel to a particular case or
controversy.''.
SEC. 5. RANDOM ASSIGNMENT TO THREE-JUDGE DISTRICT COURTS.
(a) In General.--Chapter 155, of title 28, United States Code, is
amended--
(1) in section 2284(b)(1), in the first sentence, by
striking ``designate two other judges, at least one of whom
shall be a circuit judge'' and inserting ``cause two other
judges, at least one of whom shall be a circuit judge, to be
designated through the random assignment or designation process
required under section 2285''; and
(2) by adding at the end the following:
``Sec. 2285. Random assignment and designation for three-judge district
courts
``(a) In General.--In each circuit, the court shall adopt and
observe a rule providing for the random assignment or designation of
judges from the relevant pools of district and circuit judges to three-
judge district courts in any action required to be heard and determined
by a district court of three judges. The rule shall ensure that no
party, attorney, or judge (including a chief judge) may select, direct,
or influence the assignment of any judge to a particular three-judge
court.
``(b) Exceptions.--A judge may be reassigned or redesignated from a
randomly assigned or designated three-judge district court only under
the following circumstances:
``(1) If an assigned or designated judge is required to
recuse or is otherwise disqualified under Federal law or
judicial ethics rules.
``(2) If a case or controversy is substantially related to
a currently pending case or controversy before another three-
judge court in the circuit, that three-judge court may, at its
discretion, consolidate or reassign the case for judicial
efficiency.
``(3) If the chief judge of the circuit, publicly and with
the consent of a majority of active judges in the circuit,
certifies that for good cause and in the interest of docket
efficiency a judge needs to be reassigned or redesignated from
the randomly assigned or designated court, provided that such
reassignment or redesignation is not based on the identity of
the parties or attorneys involved or the nature or subject
matter of the case.
``(c) Declining Panel or Case Assignments.--A judge may not decline
an assignment or designation to a three-judge district court after the
random assignment or designation process. Nothing in this subsection
shall be construed to affect the ability of a senior judge to take on a
reduced caseload.
``(d) Rules for Chief Judges.--A chief judge shall not self-assign
or self-designate to a three-judge district court outside the
randomized process. A chief judge shall not use the position of chief
judge to influence the assignment or designation of any judge to a
three-judge district court.
``(e) Transparency.--
``(1) In general.--All circuit courts shall publicly post
and disclose any rules, orders, policies, or plans regarding
the random assignment or designation of judges to three-judge
district courts.
``(2) Memorandum.--In any civil case where judges cannot be
randomly assigned or designated to a three-judge district
court, or where a judge is reassigned or redesignated from a
three-judge district court or a three-judge district court is
reassigned or redesignated from a case or controversy, the
circuit court shall publicly issue a memorandum indicating that
fact and explaining why the judge, three-judge district court,
or case could not be randomly assigned or designated, or was
reassigned or redesignated.
``(3) Report.--The clerk of the court shall annually
publish a statistical report summarizing three-judge district
court assignments and designations, including reassignment or
redesignation rates and reasons for reassignments or
redesignations.
``(f) Protecting Random Assignment.--Any attempt to manipulate or
evade the randomized assignment or designation system shall be subject
to--
``(1) in the case of offending conduct by a lawyer,
sanctions, including potential case dismissal or disciplinary
action;
``(2) in the case of offending conduct by a judge, the
judicial misconduct process; or
``(3) in the case of offending conduct by a court employee,
disciplinary action, including potential termination of
employment.
``(g) Senior Judges.--Three-judge district court assignments or
designations for senior judges shall be random to the greatest extent
possible. Nothing in this section shall be construed to impede the
assignment or designation of senior judges to three-judge district
courts.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 155 is amended by adding at the end the following:
``2285. Random assignment and designation for three-judge district
courts.''.
SEC. 6. IMPLEMENTATION.
Not later than 120 days after the date of enactment of this Act,
the district courts of the United States and the courts of appeals of
the United States shall promulgate the rules required by the amendments
made by this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such a provision or amendment to any particular person
or circumstance is held invalid, the remaining provisions of this Act
and amendments made by this Act, and the application of such provisions
and amendments to any other person or circumstance, shall not be
affected thereby.
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