H.R.432 - Seventh Amendment Restoration Act (119th Congress)
Summary
H.R. 432, the Seventh Amendment Restoration Act, proposes to amend Title 5 of the United States Code, specifically Section 702, to allow individuals facing actions before administrative agencies to remove their cases to a U.S. District Court. This removal process would mirror the procedures used for removing cases from state courts to federal courts under section 1446 of Title 28. The bill defines an 'agency hearing officer' as an administrative law judge or any other agency employee authorized to hear the action.
Expected Effects
The primary effect of this bill would be to shift certain cases from administrative agencies to federal district courts. This could lead to increased caseloads for the courts and potentially longer resolution times for the affected cases. It also grants individuals greater control over the venue of their legal proceedings.
Potential Benefits
- Increased Access to Courts: Allows individuals to have their cases heard in a federal court rather than solely within an administrative agency.
- Potential for Impartiality: May provide a perception of greater impartiality compared to administrative hearings.
- Alignment with Seventh Amendment: Aims to reinforce the right to a jury trial in civil cases, although the Seventh Amendment's applicability to administrative proceedings is debated.
- Greater Procedural Protections: Federal courts generally offer more extensive procedural protections than administrative hearings.
- Strategic Advantage: Provides individuals with the option to choose a potentially more favorable venue for their case.
Most Benefited Areas:
Potential Disadvantages
- Increased Court Backlog: Shifting cases to district courts could exacerbate existing backlogs and delay justice.
- Potential for Abuse: Individuals might use removal as a tactic to delay or obstruct administrative proceedings.
- Increased Costs: Litigation in federal court can be more expensive than administrative hearings, potentially disadvantaging those with limited resources.
- Disruption of Agency Expertise: Reduces the role of specialized administrative agencies in resolving disputes within their areas of expertise.
- Uncertainty and Litigation: The scope of 'agency action' subject to removal could lead to litigation over jurisdictional issues.
Constitutional Alignment
The bill's title references the Seventh Amendment, which guarantees the right to a jury trial in civil cases exceeding $20. However, the direct applicability of the Seventh Amendment to administrative proceedings is a complex legal question. The Constitution grants Congress the power to establish courts inferior to the Supreme Court (Article I, Section 8), and to make laws necessary and proper for carrying out its powers. The bill's constitutionality would likely depend on whether it is viewed as a reasonable regulation of administrative procedure or an encroachment on the executive branch's authority to enforce its regulations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).