H.R. 8992

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8992 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8992

To establish a panel to review certiorari petitions, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 21, 2026

Mr. Raskin introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

A BILL

To establish a panel to review certiorari petitions, and for other 
purposes.

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 ``Supreme Court Certiorari Oversight 
and Transparency Standards Act'' or the ``SCCOTUS Act''.

SEC. 2. CERTIFICATION PANEL.

(a) In General.--Chapter 81 of title 28, United States Code, is 
amended by inserting after section 1254 the following:
``Sec. 1255. Supreme Court certification panel
``(a) Establishment.--There is established a body to be known as 
the Supreme Court Certification Panel (hereinafter `the Panel').
``(b) Composition.--The Panel shall consist of 13 circuit judges of 
the United States courts of appeals.
``(c) Random Selection and Rotation.--
``(1) Term designations.--At the beginning of each term of 
the Supreme Court, the Director of the Administrative Office of 
the United States Courts shall, using the random selection 
process established under subsection (g)(11)(B), designate 1 
circuit judge from each United States court of appeals, who 
shall serve on the Panel for that term.
``(2) Designation process.--Each circuit judge designated 
under this section shall be--
``(A) an active judge who has served in Federal 
judicial office not less than 5 years; or
``(B) a senior or retired judge who is listed on 
the roster maintained under section 294.
``(3) Consecutive service.--No judge may serve on the Panel 
for more than 1 consecutive term.
``(4) Assignment.--The Panel shall be assigned all 
petitions for writs of certiorari for review.
``(d) Presiding Judge.--The most senior judge shall serve as 
Presiding Judge of the Panel for that term.
``(e) Support Staff.--The Director of the Administrative Office of 
the United States Courts shall provide administrative and clerical 
support to the Panel.
``(f) Vacancy.--If a member of the panel dies, retires, or is 
unable to serve the remainder of the member's term, within 90 days of 
the occurrence of the vacancy, the vacancy shall be filled by a circuit 
judge in accordance with subsection (c)(2). The circuit judge so 
designated shall serve for the remainder of the term of the former 
member.
``(g) Jurisdiction and Duties of Panel.--
``(1) Primary function.--The Panel shall review all 
petitions for writs of certiorari filed with the Supreme Court 
and grant or deny such petitions.
``(2) Reviewing a petition for a writ of certiorari.--
``(A) In general.--A decision to grant a petition 
for a writ of certiorari shall require the concurrence 
of 4 members of the Panel.
``(B) Written statement.--Each decision to grant a 
petition for a writ of certiorari shall include a 
written statement briefly explaining the reason for 
granting such request and identifying the questions 
presented for review.
``(C) Consolidation.--The Panel may consolidate 
petitions for writs of certiorari presenting 
substantially identical questions of law and certify 
them jointly.
``(3) Denials.--When a petition for a writ of certiorari is 
denied, the Panel shall enter an order of denial stating that 
none of the criteria in paragraph (5) were sufficiently met and 
no further explanation is required.
``(4) Stays pending appeal.--A member of the Panel shall 
have the same authority to grant a stay as a Justice of the 
Supreme Court has under Supreme Court Rule 23 (or any successor 
rule).
``(5) Criteria for certification.--The Panel may grant a 
petition for a writ of certiorari only if one or more of the 
following criteria are met:
``(A) Considerations governing review.--A petition 
for a writ of certiorari may be granted only for 
compelling reasons, including--
``(i) a United States court of appeals has 
entered a decision in conflict with the 
decision of another United States court of 
appeals on the same important matter;
``(ii) has decided an important Federal 
question in a way that conflicts with a 
decision by a State court of last resort, or 
has so far departed from the accepted and usual 
course of judicial proceedings, or sanctioned 
such a departure by an inferior court, as to 
call for an exercise of supervisory power of 
the Supreme Court;
``(iii) a State court of last resort has 
decided an important Federal question in a way 
that conflicts with the decision of another 
State court of last resort or of a United 
States court of appeals;
``(iv) a State court or a United States 
court of appeals has decided an important 
question of Federal law that has not been, but 
should be, settled by the Supreme Court, or has 
decided an important Federal question in a way 
that conflicts with relevant decisions of this 
Court.
``(B) Granting a petition before judgment.--A 
petition for a writ of certiorari to review a case 
pending in a United States court of appeals, before 
judgment is entered in that court, may only be granted 
upon a showing that the case is of such imperative 
public importance as to justify deviation from normal 
appellate practice and to require immediate 
determination by the Supreme Court.
``(6) Limitation.--The Panel may not reexamine factual 
findings or weigh the sufficiency of evidence in the record.
``(7) Operating procedures.--
``(A) Meetings.--The Panel shall sit as a motions 
court, meeting at least once monthly during the term, 
and may conduct business electronically when necessary.
``(B) Quorum.--Six judges shall constitute a 
quorum.
``(C) Public reporting.--
``(i) In general.--At the close of each 
term, the Panel shall issue a public report, 
published on the website of the Administrative 
Office of the United States Courts and 
submitted to the Committees on the Judiciary of 
the House of Representatives and the Senate 
summarizing--
``(I) the number of petitions 
reviewed;
``(II) the number of petitions 
granted and denied; and
``(III) general statistical data on 
grounds for granting such petitions.
``(ii) Limitation.--No report issued 
pursuant to clause (i) may disclose 
confidential deliberations or identifying 
information about pending cases.
``(8) Transmission to the supreme court.--Each petition for 
a writ of certiorari that is granted shall be transmitted to 
the Clerk of the Supreme Court to be entered on the docket.
``(9) Review by the supreme court.--A petition for a writ 
of certiorari granted by the Panel shall be deemed granted by 
the Supreme Court. The Supreme Court shall set the case for 
oral argument pursuant to Supreme Court Rules.
``(10) Ethics and disqualification.--
``(A) Ethics.--Panel judges shall be subject to the 
Code of Conduct for United States Judges and standards 
for recusal.
``(B) Disqualification.--A judge who participated 
in a case in an inferior court shall be disqualified 
from any consideration of a petition for writ of 
certiorari with respect to that case.
``(11) Implementation.--
``(A) Rules.--Not later than 1 year after the date 
of enactment of this section, the Judicial Conference 
of the United States shall promulgate rules governing 
the administration and operation of the Panel 
consistent with this section.
``(B) Record keeping.--The Director of the 
Administrative Office of the United States Courts shall 
establish the random-selection mechanism and maintain 
public records of the selection process.
``(h) Definitions.--In this section, the term `term' means the term 
commencing on the first Monday in October of each year and such other 
adjourned or special term as the Supreme Court may hold.''.
(b) Clerical Amendment.--The table of sections for chapter 81 of 
title 28, United States Code, is amended by inserting after the item 
relating to section 1255 of title 28, United States Code, the 
following:

``1254A. Supreme Court certification panel.''.

SEC. 3. 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 the amendments made by this Act, and the application of such 
remaining provisions and amendments to any other person or 
circumstance, shall not be affected thereby.
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