Congressman Gary Palmer (R-AL), introduced the Assigning Proper Placement of Executive Action Lawsuits (APPEAL) Act, H.R. 2660, today to give the federal courts in the District of Columbia exclusive jurisdiction over any challenge to an Executive order, action, or memorandum.
"Litigants challenging a President's Executive orders should not be able to forum shop for a court they believe will provide the most favorable judgment," said Palmer. "We must ensure our judicial branch operates equally and fairly for all presidents, eliminating chaos and bias. The President of the United States, regardless of party or beliefs, has the authority to issue Executive orders, actions and memorandums. The authority does not belong to activist judges bending the law as they see fit."
Several instances where suits must originate in D.C. already exist. For example, suits against the federal government over a contract claim or its exercise of eminent domain must be filed in D.C.'s Court of Federal Claims. Similarly, prior to the Supreme Court's 2013 decision in Shelby County v. Holder, Section 5 of the Voting Rights Act required all lawsuits to be filed in the D.C. Also, when parties dispute federal regulations, they often file suit in the D.C., where the federal agency is located.