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28 U.S.C. § 3904 — Expedited review of certain appeals
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of chapter 5 of title 3.
**(b) Jurisdiction.—** The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
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Source file: Laws/federal/codes/united-states-code/title-28/section-3904-expedited-review-of-certain-appeals--d1825a8d39.md
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Source location: Title 28, Chapter 179, § 3904; chapter-179-judicial-review-of-certain-actions-by-presidential-offices.md
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**(a) In General.—** An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of chapter 5 of title 3.
**(b) Jurisdiction.—** The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction.—** Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—
(1) an appropriate agency (as determined under [section 454 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section454&num=0&edition=prelim));
(2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding [section 7123 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim); or
(3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.
**(b) Filing of Petition.—** Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1296
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 3903
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 3903. Effect of failure to issue regulations
In any proceeding under section 1296 or 1346(g)
of this title, if the President, the designee of the
President, or the Federal Labor Relations Au-
thority has not issued a regulation on a matter
for which chapter 5 of title 3 requires a regula-
tion to be issued, the court shall apply, to the
extent necessary and appropriate, the most rel-
evant substantive executive agency regulation
promulgated to implement the statutory provi-
sion at issue in the proceeding.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110
Stat. 4070.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 3904. Expedited review of certain appeals
(a) IN GENERAL.—An appeal may be taken di-
rectly to the Supreme Court of the United
States from any interlocutory or final judg-
ment, decree, or order of a court upon the con-
stitutionality of any provision of chapter 5 of
title 3.
(b) JURISDICTION.—The Supreme Court shall, if
it has not previously ruled on the question, ac-
cept jurisdiction over the appeal referred to in
subsection (a), advance the appeal on the dock-
et, and expedite the appeal to the greatest ex-
tent possible.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110
Stat. 4070.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 39
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 3904
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