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28 U.S.C. § 2403 — Intervention by United States or a State; constitutional question
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-28/section-2403-intervention-by-united-states-or-a-state-constitutional-question--8d51f7af5f.md
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Source location: Title 28, Chapter 161, § 2403; chapter-161-united-states-as-party-generally.md
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**(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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Federal law — U.S. Code and appendices · legal_authorities
As used in this title:
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body.
**(b)** In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows:
(1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.
(2) If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State.
(3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2284
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 646, 62 Stat. 928; Oct. 31, 1951, ch. 655, § 47, 65 Stat. 726; July 7, 1958, Pub. L. 85–508, § 12(e), (f), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(a), 73 Stat. 10, provided for direct appeals to Supreme Court from decisions invalidating Acts of Congress.
#### Effective Date of Repeal
Repeal effective ninety days after June 27, 1988, except that such repeal not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered into before such effective date, see section 7 of Pub. L. 100–352, set out as a note under [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 596
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2402
Provisions of section 41(20) of title 28, U.S.C., 1940 ed.,
relating to jurisdiction of district courts and trial by
the court of actions against the United States are the
basis of sections 1346(a) and 2402 of this title.
Words in subsec. (a) of this revised section, ‘‘person
under legal disability or beyond the seas at the time
the claim accrues’’ were substituted for ‘‘claims of
married women, first accrued during marriage, of per-
sons under the age of twenty-one years, first accrued
during minority, and of idiots, lunatics, insane persons,
and persons beyond the seas at the time the claim ac-
crued, entitled to the claim.’’ (See reviser’s note under
section 2501 of this title.)
Words in section 41(20) of title 28, U.S.C., 1940 ed.,
‘‘nor shall any of the said disabilities operate cumula-
tively’’ were omitted. (See reviser’s note under section
2501 of this title.)
A provision in section 41(20) of title 28, U.S.C., 1940
ed., that disabilities other than those specifically men-
tioned should not prevent any action from being barred
was omitted as superfluous.
Subsection (b) of the revised section simplifies and
restates said section 942 of title 28, U.S.C., 1940 ed.,
without change of substance.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
Subsection (b) amended in the Senate to insert the 1
year limitation on the bringing of tort actions and to
include the limitation upon the time in which tort
claims not exceeding $1000 must be presented to the ap-
propriate Federal agencies for administrative disposi-
tion. 80th Congress Senate Report No. 1559, Amendment
No. 48.
Editorial Notes
AMENDMENTS
2011—Subsec. (a). Pub. L. 111–350 substituted ‘‘chapter
71 of title 41’’ for
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2403
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