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    Federal Court Jurisdiction Act


    Francisco Cojuanco
    • Senator: Mr. de la Cruz Terms & Definitions:

      SEC. 1 SHORT TITLE

      This Act may be cited as the “Federal Court Jurisdiction Act”.

      Findings:

      SEC. 2 FINDINGS AND DECLARATION OF POLICY

      a. The Congress finds that certain issues controversial in the public discourse have often been litigated in the federal courts, either through initial complaints in the federal district courts, or through the exercise of the appellate jurisdiction of the Supreme Court of the United States; that while not wishing to cast aspersions on the difficult work of the judicial branch of the United States, their decisions, while made in good faith, have resulted in consequences inadvertently unduly contentious in national life with regard to particular issues.

      b. It is hereby declared to be in the policy of this Act to ensure, through the exercise of the Congress’ power to regulate the original jurisdiction of lower federal courts and the appellate jurisdiction of the Supreme Court of the United States, that certain issues be fundamentally decided by the courts and laws of the several states, without the counterproductive interference of the Federal Courts.

      Law Change:

      SEC. 3 PROVISIONS WITH RESPECT TO THE SUPREME COURT OF THE UNITED STATES

      a. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State where the validity of any statute or constitution of a State governing the definition of marriage as between one man and one woman is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the marriage of two persons of the same sex is specially set up or claimed under the Constitution or the treaties or the statutes of the United States.

      b. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State or where the validity of any statute or constitution of a State regulating the provision of the termination of any pregnancy is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the termination of any pregnancy is specially set up or claimed under the Constitution or the treaties or the statutes of the United States.

      c. For the purposes of this section, “the highest Court of a State” includes the District of Columbia Court of Appeals, the Supreme Court of the Virgin Islands and the Supreme Court of the Commonwealth of Puerto Rico.

       

      SEC. 4 PROVISIONS WITH RESPECT TO THE DISTRICT COURTS

      The following shall be appended to Chapter 85 of 28 U.S.C.:

      ‘ 1370 – Claims concerning same-sex marriages and termination of pregnancy

      a) The district court shall abstain from hearing any civil action for damages, injunction or declaratory relief in which the cause of action:

      i) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to marry another person of the same sex, or

      ii) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to terminate any pregnancy.

      b) If a civil action shall include multiple claims, one or more of which shall be prohibited by this section, and at least one claim that shall not be so prohibited, the district court shall not be required to abstain on hearing any claims not restricted by this section, provided that it is otherwise permissible under any other laws of the United States, or the Federal Rules of Civil Procedure.’

      c) For the purpose of this section, the term “district court” shall apply to any court of first instance arising under the laws of the United States, but shall not apply to the Supreme Court of the United States exercising original jurisdiction.’

       

      SEC. 5 RESTRICTION OF SCOPE

      This Act shall not be construed as to deprive the jurisdiction of any federal court to decide, subject to this Act, if it possesses the jurisdiction to hear any claim brought before it.

       

      SEC. 6 EFFECTIVE DATE

      This Act shall come into effect on the twenty-eighth day of December following constitutional passage.

      Plain English Summary: Restricts the appellate jurisdiction of the Supreme Court and the jurisdiction of the federal district courts to hear same-sex marriage or abortion cases.
    To modify the jurisdiction of the federal courts as provided in Article I, Section 8 and Article III, Section 1 of the Constitution of the United States.
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    1 minute ago, Francisco Cojuanco said:

    OOC: Whoops, wrong forum.

     

    I am moving this to the House hopper

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