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28 U.S.C. § 43 — Creation and composition of courts
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
**(b)** Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
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Source file: Laws/federal/codes/united-states-code/title-28/section-43-creation-and-composition-of-courts--29d25c8cf0.md
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Source location: Title 28, Chapter 3, § 43; chapter-003-courts-of-appeals.md
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**(a)** There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
**(b)** Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Circuit judges shall sit on the court and its panels in such order and at such times as the court directs.
**(b)** In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel.
**(c)** Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95–486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible (1) to participate, at his election and upon designation and assignme
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 46
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by law, a civil action brought under [section 1336(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1336/a&num=0&edition=prelim) shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office.
**(b)** A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1398
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows: CircuitsNumber ofJudges District of Columbia11 First6 Second13 Third14 Fourth15 Fifth17 Sixth16 Seventh11 Eighth11 Ninth29 Tenth12 Eleventh12 Federal12.
**(b)** Circuit judges shall hold office during good behavior.
**(c)** Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 11 So in original. Probably should be capitalized. in that circuit.
**(d)** Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 ([2 U.S.C. 351–361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section351–361&num=0&edition=prelim)), as adjusted by [section 461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section461&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each court of appeals may appoint a clerk who shall be subject to removal by the court.
**(b)** The clerk, with the approval of the court, may appoint necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court.
**(c)** The clerk shall pay into the Treasury all fees, costs and other moneys collected by him and make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 711
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition to district court by Attorney General on direction of President** Upon receiving a report from a board of inquiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the continuing thereof, and if the court finds that such threatened or actual strike or lock-out—
(i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce; and
(ii) if permitted to occur or to continue, will imperil the national health or safety, it shall have jurisdiction to enjoin any such strike or lockout, or the continuing thereof, and to make such other orders as may be appropriate.
**(b) Inapplicability of chapter 6** In any case, the provisions of chapter 6 of this title shall not be applicable.
**(c) Review of orders** The order or orders of the court shall be subject to review by the appropriate United States court of appeals and by the Supreme Court upon writ of certiorari or certification as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 178
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Federal law — U.S. Code and appendices · legal_authorities
Page 13
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 43
ADMINISTRATIVE ACTION BY FIFTH CIRCUIT COURT OF
APPEALS; TERMINATION OF COURT
Pub. L. 96–452, § 11, Oct. 14, 1980, 94 Stat. 1996, provided
that: ‘‘The court of appeals for the fifth circuit as con-
stituted on the day before the effective date of this Act
[Oct. 1, 1981] may take such administrative action as
may be required to carry out this Act [amending sec-
tions 41, 44, and 48 of this title, and enacting provisions
set out as notes under this section]. Such court shall
cease to exist for administrative purposes on July 1,
1984.’’
APPEALS COURT ADMINISTRATIVE UNITS
Pub. L. 95–486, § 6, Oct. 20, 1978, 92 Stat. 1633, provided
that: ‘‘Any court of appeals having more than 15 active
judges may constitute itself into administrative units
complete with such facilities and staff as may be pre-
scribed by the Administrative Office of the United
States Courts, and may perform its en banc function by
such number of members of its en banc courts as may
be prescribed by rule of the court of appeals.’’
NORTHERN MARIANA ISLANDS
Pub. L. 95–157, § 1(a), Nov. 8, 1977, 91 Stat. 1265, pro-
vided that the Northern Mariana Islands be part of the
same judicial circuit as Guam, i.e., the Ninth Circuit.
See section 1694(a) of Title 48, Territories and Insular
Possessions.
COMMISSION ON REVISION OF THE FEDERAL APPELLATE
SYSTEM
Pub. L. 92–489, Oct. 13, 1972, 86 Stat. 807, as amended
by Pub. L. 93–420, Sept. 19, 1974, 88 Stat. 1153, provided
for the establishment, membership, travel expenses,
personnel, experts and consultants, administrative and
research services, cooperation of other governmental
agencies, and appropriations of not to exceed $606,000 of
a Commission on Revision of the Federal Court Appel-
late
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 43
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