§ 1253. — Direct appeals from decisions of threejudge courts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1253]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 81--SUPREME COURT
Sec. 1253. Direct appeals from decisions of three-judge courts
Except as otherwise provided by law, any party may appeal to the
Supreme Court from an order granting or denying, after notice and
hearing, an interlocutory or permanent injunction in any civil action,
suit or proceeding required by any Act of Congress to be heard and
determined by a district court of three judges.
(June 25, 1948, ch. 646, 62 Stat. 928.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 47, 47a, 380 and 380a
(Mar. 3, 1911, ch. 231, Secs. 210, 266, 36 Stat. 1150, 1162; Mar. 4,
1913, ch. 160, 37 Stat. 1013; Oct. 22, 1913, ch. 32, 38, Stat. 220; Feb.
13, 1925, ch. 229, Sec. 1, 43 Stat. 938; Aug. 24, 1937, ch. 754, Sec. 3,
50 Stat. 752).
This section consolidates the provisions of sections 47, 47a, 380,
and 380a of title 28, U.S.C., 1940 ed., relating to direct appeals from
decisions of three-judge courts involving orders of the Interstate
Commerce Commission or holding State or Federal laws repugnant to the
Constitution of the United States.
For distribution of other provisions of the sections on which this
revised section is based, see Distribution Table.
The language in section 380 of title 28, U.S.C., 1940 ed., referring
to restraining the enforcement or execution of an order made by an
administrative board or a State officer was omitted as covered by this
revised section and section 2281 of this title.
Words in section 380a of title 28, U.S.C., 1940 ed., ``This section
shall not be construed to be in derogation of any right of direct appeal
to the Supreme Court of the United States under existing provisions of
law,'' were omitted as unnecessary.
Section 217 of title 7, U.S.C., 1940 ed., Agriculture, provides for
a three-judge court in proceedings to suspend or restrain the
enforcement of orders of the Secretary of Agriculture under the Packers
and Stockyards Act of 1921.
The final proviso of section 502 of title 33, U.S.C., 1940 ed.,
Navigation and Navigable Waters, for direct appeal in certain criminal
cases for failure to alter bridges obstructing navigation, is
recommended for express repeal in view of its implied repeal by section
345 of title 28, U.S.C., 1940 ed. (See U.S. v. Belt, 1943, 63 S.Ct.
1278, 319 U.S. 521, 87 L.Ed. 1559. See reviser's note under section 1252
of this title.)
Section 28 of title 15, U.S.C., 1940 ed., Commerce and Trade, and
section 44 of title 49, U.S.C., 1940 ed., Transportation, are identical
and provide for convening of a three-judge court to hear and determine
civil cases arising under the Sherman anti-trust law and the Interstate
Commerce Act, respectively, wherein the United States is plaintiff and
when the Attorney General deems such cases of general public importance.
Section 401(d) of title 47, U.S.C., 1940 ed., Telegraphs,
Telephones, and Radiotelegraphs, made the provisions of sections 28 and
29 of title 15, U.S.C., 1940 ed., Commerce and Trade, sections 44 and 45
of title 49, U.S.C., 1940 ed., Transportation, and section 345(1) of
title 28, U.S.C., 1940 ed., relating to three-judge courts and direct
appeals, applicable to orders of the Federal Communications Commission
enforcing the Communications Act of 1934.
Section Referred to in Other Sections
This section is referred to in section 2101 of this title.
