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U.S. Code as of:
01/19/04
Section 2403. Intervention by United States or a State; constitutional question
(a) In any action, suit or proceeding in a court of the United
States to which the United States or any agency, officer or
employee thereof is not a party, wherein the constitutionality of
any Act of Congress affecting the public interest is drawn in
question, the court shall certify such fact to the Attorney
General, and shall permit the United States to intervene for
presentation of evidence, if evidence is otherwise admissible in
the case, and for argument on the question of constitutionality.
The United States shall, subject to the applicable provisions of
law, have all the rights of a party and be subject to all
liabilities of a party as to court costs to the extent necessary
for a proper presentation of the facts and law relating to the
question of constitutionality.
(b) In any action, suit, or proceeding in a court of the United
States to which a State or any agency, officer, or employee thereof
is not a party, wherein the constitutionality of any statute of
that State affecting the public interest is drawn in question, the
court shall certify such fact to the attorney general of the State,
and shall permit the State to intervene for presentation of
evidence, if evidence is otherwise admissible in the case, and for
argument on the question of constitutionality. The State shall,
subject to the applicable provisions of law, have all the rights of
a party and be subject to all liabilities of a party as to court
costs to the extent necessary for a proper presentation of the
facts and law relating to the question of constitutionality.
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