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28 U.S.C. § 2109 — Quorum of Supreme Court justices absent
Federal law — U.S. Code and appendices · legal_authorities
If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2109-quorum-of-supreme-court-justices-absent--100988c3eb.md
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Source location: Title 28, Chapter 133, § 2109; chapter-133-review-miscellaneous-provisions.md
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If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court of appeals; review by Supreme Court** Except as otherwise expressly provided by this section, in every civil action brought in any district court of the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgement entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review by the Supreme Court upon a writ of certiorari as provided in [section 1254(1) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/1&num=0&edition=prelim).
**(b) Direct appeals to Supreme Court** An appeal from a final judgment pursuant to subsection (a) shall lie directly to the Supreme Court, if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispos
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Federal law — U.S. Code and appendices · legal_authorities
In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A direct appeal to the Supreme Court from any decision under [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1253&num=0&edition=prelim), holding unconstitutional in whole or in part, any Act of Congress, shall be taken within thirty days after the entry of the interlocutory or final order, judgment or decree. The record shall be made up and the case docketed within sixty days from the time such appeal is taken under rules prescribed by the Supreme Court.
**(b)** Any other direct appeal to the Supreme Court which is authorized by law, from a decision of a district court in any civil action, suit or proceeding, shall be taken within thirty days from the judgment, order or decree, appealed from, if interlocutory, and within sixty days if final.
**(c)** Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. A justice of the Supreme Court, for good cause shown, may extend the time for applying for a writ of certiorari for a period not exceeding sixty days.
**(d)** The time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case shall be as prescribed by rules of the Supreme Court.
**(e)** An application to the Supreme Court for a writ of certiorari to review a case before judgment has been rendered in the court of appeals may be made at any time before judgment.
**(f)** In any case in which the final judgment or decree of any court is subject to review by the Supreme Court on writ of certiorari, the execution and enforcement of such judgment or decree may be st
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Federal law — U.S. Code and appendices · legal_authorities
Page 512
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2108
The time for appeal to the Court of Customs and Pat-
ent Appeals in patent and trade-mark cases is governed
by section 89 of title 15, U.S.C., 1940 ed., Commerce and
Trade, and section 60 of title 35, U.S.C., 1940 ed., Pat-
ents, and Rule 25 of the Rules of such court, and, in cus-
toms cases, by section 2601 of this title.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
By Senate amendment, all provisions relating to the
Tax Court were eliminated. Therefore, section 1142 of
title 26, U.S.C., Internal Revenue Code, was not one of
the sources of this section as finally enacted. However,
no change in the text of this section was necessary. See
80th Congress Senate Report No. 1559.
1949 ACT
This amendment to section 2107 of title 28, U.S.C., re-
stores the former 15-day limitation of time within
which to appeal from an interlocutory order in admi-
ralty.
This amendment eliminates as surplusage the words
‘‘in any such action, suit or proceeding,’’ from the
fourth paragraph of section 2107 of title 28, U.S.C., and
corrects a typographical error in the same paragraph.
Editorial Notes
AMENDMENTS
2011—Subsec. (b). Pub. L. 112–62 added subsec. (b) and
struck out former subsec. (b) which read as follows: ‘‘In
any such action, suit or proceeding in which the United
States or an officer or agency thereof is a party, the
time as to all parties shall be sixty days from such
entry.’’
2009—Subsec. (c). Pub. L. 111–16 substituted ‘‘within
14 days’’ for ‘‘within 7 days’’ in concluding provisions.
1991—Pub. L. 102–198 designated first and second pars.
as subsecs. (a) and (b), respectively, added subsec. (c),
designated fifth par. as subsec. (d), and struck out third
and fourth pars. which re
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2109
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