Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 5 — District Courts
§ 88. District of Columbia
Statutory text
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
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. § 88
(June 25, 1948, ch. 646, 62 Stat. 875.)
Source evidence
Code source credit
(June 25, 1948, ch. 646, 62 Stat. 875.)
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
This section expressly makes the District of Columbia a judicial district of the United States.
Section 41 of this title also makes the District of Columbia a judicial circuit of the United States.
Section 11–305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.
It is consonant with the ruling of the Supreme Court in O’Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals “shall hereafter be known as the United States Court of Appeals for the District of Columbia” (Act of , 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to “district court of the United States for the District of Columbia” (Act of , 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: “* * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete.”
See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808.
Credits
(June 25, 1948, ch. 646, 62 Stat. 875.)