Title 28 — Judiciary and Judicial Procedure
Part VI · Chapter 161 — United States as Party Generally
§ 2403. Intervention by United States or a State; constitutional question
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2403
June 25, 1948, ch. 646, 62 Stat. 971
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 971Pub. L. 94–381 § 5(b) · 90 Stat. 1119
Inserted · 28 U.S.C. § 2403
Pub. L. 94–381, § 5(b), inserted “or a State” after “United States” in section catchline
Source evidence
Code amendment note
Pub. L. 94–381, § 5(b), inserted “or a State” after “United States” in section catchline.Enacted provision · exact public law section
(b) The catchline to section 2403 of title 28, United States Code, is amended to read as follows: “§ 2403. Intervention by United States or a State; constitutional question”.Effective date note
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.Pub. L. 94–381 § 5(a) · 90 Stat. 1119
Amended · 28 U.S.C. § 2403(a); 28 U.S.C. § 2403(b)
Pub. L. 94–381, § 5(a), designated existing provisions as subsec. (a)
Added · 28 U.S.C. § 2403(a); 28 U.S.C. § 2403(b)
Pub. L. 94–381, § 5(a), added subsec. (b)
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 94–381, § 5(a), designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(a) Section 2403 of title 28, United States Code is amended— (1) by inserting the subsection “(a)” immediately before “In” and (2) by adding at the end thereof the following new subsection: “(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.”.Effective date note
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.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 401 (Aug. 24, 1937, ch. 754, § 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.
Editorial Notes
Amendments
1976—Pub. L. 94–381, § 5(b), inserted “or a State” after “United States” in section catchline.
Subsecs. (a), (b). Pub. L. 94–381, § 5(a), designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–381 not applicable to any action commenced on or before , see section 7 of Pub. L. 94–381, set out as a note under section 2284 of this title.
Credits
1948–1976 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 971
- 1976Pub. L. 94–381, § 5, , 90 Stat. 1120.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 971; Pub. L. 94–381, § 5, , 90 Stat. 1120.)