Laws: Cases and Codes : U.S. Code : Title 28 : Section 2109
|
U.S. Code as of:
01/19/04
Section 2109 - Notes
SOURCE
(June 25, 1948, ch. 646, 62 Stat. 963.)
HISTORICAL AND REVISION NOTES
Based on portions of section 29 of title 15, U.S.C., 1940 ed.,
Commerce and Trade, and section 45 of title 49, U.S.C., 1940 ed.,
Transportation (Feb. 11, 1903, ch. 544, Sec. 2, 32 Stat. 823; Mar.
3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 9, 1944, ch. 239,
58 Stat. 272).
Section consolidates portions of section 29 of title 15, U.S.C.,
1940 ed., and section 45 of title 49, U.S.C., 1940 ed., with
changes of substance and phraseology.
The revised section includes the principal provisions of sections
29 and 45 of titles 15 and 49, U.S.C., 1940 ed., respectively, in
case of the absence of a quorum of qualified Justices of the
Supreme Court.
Sections 29 and 45 of titles 15 and 49, U.S.C., 1940 ed.,
respectively, were identical and were applicable only to decisions
of three-judge courts in antitrust cases under section 107 of said
title 15 and Interstate Commerce cases under sections 1, 8, and 12
of said title 49, "or any other acts having a like purpose that may
hereinafter be enacted." The revised section broadens and extends
the application of such provisions to include "any case involving a
direct appeal to the Supreme Court from the decision of a district
court or a district court of three judges which cannot be heard and
determined because of the absence of a quorum of qualified
justices." It includes direct appeals in criminal cases under
section 3731 of title 18 (H.R. 1600, 80th Cong.).
Sections 29 and 45 of titles 15 and 49, U.S.C., 1940 ed.,
respectively provided that the Supreme Court certify the case to
the Circuit Court of Appeals and that the Senior Circuit Judge,
qualified to participate should designate himself and two other
circuit judges next in order of seniority. Other provisions were
made for designation of circuit judges from other circuits in case
of insufficient circuit judges being available in the circuit.
The revised section permits the Chief Justice of the United
States to designate the "court of appeals" to hear the case in banc
or by means of a specially constituted court of appeals composed of
the three circuit judges senior in commission who are able to sit.
In case of disqualification or disability, the court shall be
filled by designation and assignment as provided in chapter 15 of
this title.
The provisions of section 29 of title 15, U.S.C., 1940 ed., and
section 45 of title 49, U.S.C., 1940 ed., relating to time for
appeal are incorporated in section 2101 of this title. The
provisions of said sections for direct appeal to the Supreme Court
are retained in said titles 15 and 49.
The second paragraph of the revised section is new. It recognizes
the necessity of final disposition of litigation in which appellate
review has been had and further review by the Supreme Court is
impossible for lack of a quorum of qualified justices.
|
Ads by FindLaw