§ 2403. — Intervention by United States or a State; constitutional question.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2403]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2403. Intervention by United States or a State;
constitutional question
(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.
(June 25, 1948, ch. 646, 62 Stat. 971; Pub. L. 94-381, Sec. 5, Aug. 12,
1976, 90 Stat. 1120.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 401 (Aug. 24, 1937, ch.
754, Sec. 1, 50 Stat. 751).
Word ``action'' was added before ``suit or proceeding'', in view of
Rule 2 of the Federal Rules of Civil Procedure.
Since this section applies to all Federal courts, the word ``suit''
was not required to be deleted by such rule.
``Court of the United States'' is defined in section 451 of this
title. Direct appeal from decisions invalidating Acts of Congress is
provided by section 1252 of this title.
Changes were made in phraseology.
Amendments
1976--Pub. L. 94-381, Sec. 5(b), inserted ``or a State'' after
``United States'' in section catchline.
Subsecs. (a), (b). Pub. L. 94-381, Sec. 5(a), designated existing
provisions as subsec. (a) and added subsec. (b).
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-381 not applicable to any action commenced
on or before Aug. 12, 1976, see section 7 of Pub. L. 94-381, set out as
a note under section 2284 of this title.
