Be it enacted by [THIS STATE]:  

Courts and Their Officers.  

State Review and Effect of Certain Judicial Decisions. 

Legislative findings and declarations of constitutional authority; interpretive standards.   

Constitutional basis. The Legislature declares its authority to enact this article pursuant to:  

1. The relevant Article and/or Section of [THIS STATE’s] Constitution, which vests the legislative power of the State: in the Legislature;  
2. The relevant Article and/or Section, which directs the Governor to take care that the laws be faithfully executed;  
3. The relevant Article and/or Section, which provides that the powers of government reside in the people, and all free governments are founded on their authority and instituted for their benefit; and  
4. The Tenth Amendment to the Constitution of the United States, which reserves to the states and to the people all “…powers not delegated to the United States by the Constitution, nor prohibited by it to the States….”  
   • (a) Sovereign authority affirmed. The Legislature affirms that:  
     • (1) The several states of the Union are coequal sovereigns within their respective constitutional spheres;  
     • (2) Judicial decisions of the United States courts, while entitled to respect, do not displace the sovereign lawmaking power of the people of [THIS STATE] as exercised through their elected representatives;  
     • (3) No branch of government may bind [THIS STATE] by actions that are ultra vires, unconstitutional, or issued without lawful jurisdiction; and  
     • (4) It is the solemn duty of [THIS STATE] to preserve its constitutional integrity and safeguard the rights, privileges, and immunities of its citizens from federal or judicial encroachment.  
   • (b) Interpretive standard. For all purposes of this article and related provisions of law, constitutional validity shall be judged according to the text, structure, and original public meaning of the Constitution of the United States and of the Constitution of [THIS STATE] as understood at the time of their adoption, together with their historical context and lawful enactments consistent therewith. Courts and officers of this State shall apply this standard in construing this article and any determination made under it.  
   • (c) Purpose. It is the intent of the Legislature, consistent with the state and federal constitutions, to establish mechanisms by which [THIS STATE] may review, reject, and nullify judicial dictates that are demonstrably wrong in constitutional interpretation, exceed lawful jurisdiction, or infringe upon the reserved powers of this State or its people.  

Legislative Findings and Purpose.  

• (a) The Legislature finds that— 
  1. The Constitutions of the United States and [THIS STATE]are the supreme law within their respective jurisdictions;  
  2. Judicial decisions demonstrably wrong in their interpretation of constitutional or statutory text threaten the sovereignty of [THIS STATE]and the separation of powers;  
  3. Federal courts of limited jurisdiction are bound by the geographic and subject-matter confines of the districts and circuits established by Congress, and decisions purporting to reach beyond those confines lack legitimate force in this State; and  
  4. [THIS STATE] has a compelling interest to ensure that the people of this state are governed only by lawful, constitutional commands and not by ultra vires or unconstitutional judicial dictates.  
• (b) The purpose of this article is to establish clear processes within both the Executive and Legislative branches to identify, review, and, as warranted, declare specific federal judicial decisions, or aspects of specific judicial decisions, null and void in [THIS STATE], and to direct the actions of state officers in response.  

Definitions.  

As used in this article:  

1. “Constitutional validity” means consistency with the text, original public meaning, structure, and history of the Constitution of the United States and the Constitution [THIS STATE], and with laws duly enacted consistent therewith;  
2. “Demonstrably wrong” or “demonstrably erroneous” means clearly erroneous in interpretation of constitutional or statutory text under subdivision (1) of this section, including reliance on authority outside a court’s geographic jurisdiction, or not based on constitutional grounds;  
3. “Dictate” means any order, judgment, mandate, injunction, directive, or similar command of a court;  
4. “Geographic jurisdiction” means the territory of the federal judicial district within the federal judicial circuit as provided by 28 U.S.C. §§ 81-131 and 41, respectively; and  
5. “Suspect judicial decision” means any decision of a federal court that:  
   1. (a) appears demonstrably wrong as defined in subdivision (2) of this section, or (B) purports to bind [THIS STATE] while issued by a federal court acting outside its geographic jurisdiction.  

Effect Of Federal Judicial Decisions Issued Outside Geographic Jurisdiction; Suits Filed Outside jurisdiction of A Federal Court.  

• (a) Any dictate of a United States district court or a United States court of appeals that is issued outside that court’s geographic jurisdiction, to the extent that it purports to bind [THIS STATE], its officers, or its political subdivisions, is null and void and without force or effect in [THIS STATE].  
• (b) Any lawsuit regarding an action or law of [THIS STATE] filed in a federal district court that is outside its geographic jurisdiction, insofar as it seeks to compel or restrain the [THIS STATE], its officers, or its political subdivisions, is null and void in [THIS STATE].  

Executive and Legislative Review of Suspect Federal Judicial Decisions; Written Determination.  

• (a) Upon issuance or notice of a suspect federal judicial decision, the Executive Branch shall conduct a constitutional review.  
• (b) Following review, the Governor or the Attorney General shall issue a written opinion stating whether the decision or aspects of the decision are constitutional or were properly based the Constitution of the United States, and shall articulate the specific rationale for the determination, including citations of constitutional text, history, and controlling law. 
• (c) The written opinion shall be filed with the Office of the Secretary of State and transmitted to the President of the Senate and the Speaker of the House.  
• (d) Independent legislative review. Any member of the Legislature may introduce a joint resolution under the relevant section of this code challenging the constitutional validity of any federal judicial decision, or aspects of specific judicial decisions, affecting [THIS STATE] or its laws, without prior executive referral. The introduction of such a resolution shall have the same procedural and legal effect as a determination submitted by the Governor or Attorney General under this section.  

 Submission To the Legislature; Vote on Constitutional Validity.  

• (a) If the Governor, the Attorney General, or any member of the Legislature determines a suspect federal judicial decision, or aspects of specific judicial decisions, to be unconstitutional or not based on constitutional grounds, a joint resolution may be introduced declaring the decision or aspects of the decision unconstitutional as applied to [THIS STATE].  
• (b) The Legislature shall consider the resolution in the regular manner prescribed for joint resolutions, and may refer it to a Joint Committee on Constitutional Review created under the relevant section of the relevant code for analysis and recommendation.  
• (c) Upon adoption by both houses of a joint resolution declaring a federal judiciary decision, or aspects thereof, unconstitutional, the Governor may sign or veto the resolution. If vetoed, the resolution is invalid.  
• (d) Upon enactment, such resolution shall constitute a formal finding by [THIS STATE] of constitutional invalidity under this article, and the federal judicial decision is null and void in [THIS STATE].  

Effect Of Nullification; Directives to State Officers; Withholding of Resources.  

• (a)Upon nullification of a federal judicial decision, or aspects thereof, under the relevant section of the relevant code, the decision shall have no force or effect within [THIS STATE], and no state or local officer, employee, company engaged in a contract with the [THIS STATE], or agent may expend funds, provide personnel, or otherwise assist in enforcing the decision.  
• (b) The Governor, in consultation with the Attorney General and the presiding officers of the Legislature, shall issue a public proclamation announcing [THIS STATE’s] determination of the constitutionality of the judicial decision, summarizing the constitutional rationale, and identifying the actions the state will take, including directives to agencies.  
• (c) Nothing in this section shall be construed to impair the due process rights of any person in a pending case to which that person is a party.  

Duty of the Attorney General to Initiate Action.  

• (a) The Attorney General shall initiate appropriate civil action in a court of competent jurisdiction against any federal court, judge, officer, or entity whose dictate purports to bind the [THIS STATE] contrary to this article, seeking declaratory, injunctive, or other appropriate relief.  
• (b) The Attorney General is authorized to defend [THIS STATE], its officers, and its political subdivisions against enforcement efforts premised on dictates deemed invalid under this article.  
• (c) The Attorney General may retain outside counsel and enter multistate coalitions as necessary to discharge this duty.  

Petitions and Referrals.  

• (a) Any member of the Legislature or any statewide constitutional officer may petition the Governor or the Attorney General to commence review under this article or may independently introduce a joint resolution under relevant section of the relevant code.  
• (b) The Governor or Attorney General shall acknowledge petitions in writing and indicate whether review will be undertaken.  
• (c) The Joint Committee on Constitutional Review may, on its own motion, refer matters to the Governor or Attorney General for evaluation under relevant section of the relevant state code.  

Publication; Reporting.  

• (a) All written determinations, joint resolutions, and proclamations under this article shall be filed in the State Register and posted on the official websites of the Governor, the Attorney General, and the Legislature.  
• (b) The Attorney General shall submit an annual report to the Legislature summarizing actions taken under this article.  

Construction; Severability; Effective Date.  

• (a) Nothing in this article creates a private right of action, except as otherwise provided in the relevant section of the relevant code.  
• (b) If any provision of this article or its application is held invalid, the remainder of the article or the application of the provision to other persons or circumstances is not affected.  
• (c) This article takes effect upon passage and shall apply to any federal judicial decisions noticed, and, to the extent practicable, to ongoing enforcement efforts relating to earlier decisions.  

Joint Committee on Constitutional Review.  

• (a) Creation and composition. There is hereby created a permanent joint legislative body to be known as the Joint Committee on Constitutional Review.  
• (b) Officers and meetings.  
  1. The committee shall elect a co-chair from each chamber.  
  2. The committee shall meet at least quarterly, and additionally at the call of either co-chair, the Governor, the Attorney General, or the presiding officers of either house.  
• (c) Duties. The committee shall:  
  1. Review federal and state judicial decisions of potential constitutional concern as referred by members of the Legislature, the Governor, or the Attorney General;  
  2. Analyze the constitutional implications and recommend whether a joint resolution should be introduced under the relevant section of this code;  
  3. Coordinate with the Governor, the Attorney General, and relevant legislative committees regarding the preparation and drafting of resolutions;  
  4. Maintain a public record of determinations, recommendations, and rationales for legislative reference; and  
  5. Submit an annual report to the Legislature summarizing its reviews, recommendations, and any resulting resolutions or actions.  
• (d) Authority. The committee may request information, reports, and testimony from any state officer, department, or agency relevant to its constitutional review functions.  

Relationship to Legislative Rule-Making Review.  Purpose.  

The purpose of this article is to ensure that the nullification or constitutional determination of any judicial dictate under the relevant section of this code is fully integrated with the oversight of legislative rules and executive regulations in [THIS STATE].  

Cross-reference to the Legislative Rule-Making Review Committee.  

• (a) The Legislative Rule-Making Review Committee, established under the relevant section of this code, shall coordinate with the Joint Committee on Constitutional Review when any judicial decision forming the basis or authority of an executive rule or agency action has been declared unconstitutional or null under the relevant section of this code.  
• (b) Upon such determination, the Legislative Rule-Making Review Committee shall:  
  1. Identify any rule, regulation, or administrative policy derived from, or relying upon, the nullified judicial dictate;  
  2. Suspend consideration, approval, or continuation of the rule pending legislative direction; and  
  3. Recommend repeal or amendment of such rules as necessary to conform to the Legislature’s constitutional determination.  

Effect Of Constitutional Determination On Administrative Rules.  

• (a) Any rule, regulation, executive order, or policy promulgated or maintained under the authority of a judicial dictate declared unconstitutional or null under the relevant section of the relevant code shall be deemed suspended and unenforceable within [THIS STATE] unless re-authorized by an act of the Legislature.  
• (b) No state officer or agency may expend funds, enforce, or give effect to such suspended rule unless the Legislature subsequently re-adopts it.  

Notification and Publication.  

• (a) The Joint Committee on Constitutional Review shall notify the Legislative Rule-Making Review Committee, the Secretary of State, and affected agencies upon the nullification of any judicial dictate under the relevant section of the relevant code.  
• (b) The Secretary of State shall annotate the Code of State Rules to indicate rules suspended pursuant to this article.  
• (c) Notice of such suspension shall be published in the State Register.  

Crimes and Their Punishment.  

Crimes against Public Justice.  

Unlawful Enforcement of Invalid Judicial Dictates; Penalties; No Immunity.  

• (a) Offense. A person commits the felony offense of unlawful enforcement of an invalid judicial dictate if the person knowingly and willfully enforces, attempts to enforce, or conspires to enforce in [THIS STATE] a judicial dictate that has been declared null and void pursuant to the relevant section of the relevant code.  
• (b) Penalty. Upon conviction, the person shall be confined in a state correctional facility for not less than one year nor more than five years and fined not less than $5,000 nor more than $25,000.  
• (c) No immunity defense. Judicial, qualified, prosecutorial, or similar immunity shall not constitute a defense to prosecution under this section.  
• (d) Venue. Venue lies in any county where enforcement was attempted or occurred, or where an affected state officer or political subdivision is located.  
• (e) Construction. This section does not criminalize good faith compliance with a dictate prior to its nullification under the relevant section of the relevant code, nor impair the rights of parties to pursue or defend claims in a court of competent jurisdiction.