PSC Nonpartisan COURTs Act

This Act may be cited as the “PSC Nonpartisan Congressional Uniformity and Oversight of Redistricting Trials Act” or the “PSC Nonpartisan COURTs Act”.

(a) In general.—

(1) Availability of private right of action.— Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this Act, with respect to the State's congressional redistricting may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure if such action is brought not later than 30 days after the date that the State enacted the State’s final congressional redistricting plan.

(2) Exclusive jurisdiction and applicable venue.— The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this Act. The applicable venue for such an action shall be the United States District Court for the judicial district in which the capital of the State is located.

(3) Use of 3-judge court.— If an action under this section raises statewide claims under the Constitution or this Act, the action shall be heard by a 3-judge court pursuant to the following requirements:

(A) Upon the filing of a request for the action to be heard by a 3-judge court, the judge of the district court in which the civil action is filed and to whom the request is presented shall, unless that judge determines that a 3-judge court is not required, immediately notify the chief judge of the circuit, who shall designate two other judges at random, all of whom shall be judges of the district court serving within the State whose redistricting plan is being challenged. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.

(B) If the action is against a State, or officer or agency thereof, at least five days' notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State.

(C) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided otherwise in this subsection. The judge may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment.

(4) Review of final decision.— A final decision in an action brought under this section shall be reviewable on appeal by the United States court of appeals for the respective judicial circuit. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari.

(b) Expedited consideration.— In any action brought under this section, it shall be the duty of the district court, the applicable United States Court of Appeals, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

(c) Remedies.—

(1) In general.— If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of the Constitution or Federal law, including this Act—

(A) the district court shall allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this Act; or

(B) if no timely action is taken by the State to develop and propose a remedial plan under clause (i), the court shall adopt a replacement congressional redistricting plan for the State.

(2) Authority of Court of Appeals.— If, upon consideration of an appeal under this section, the applicable Court of Appeals determines that a plan does not comply with the requirements of the Constitution or Federal law, including this Act, it shall direct that the district court promptly proceed to the implementation of the requirements under paragraph (1).