§ 43. Creation and composition of courts
376 words·~2 min read·
/usc/title-28/section-43A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
(b)Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
(June 25, 1948, ch. 646, 62 Stat. 870; Pub. L. 88–176, § 1(a), Nov. 13, 1963, 77 Stat. 331.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 212 (Mar. 3, 1911, ch. 231, § 117, 36 Stat. 1131).
The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection
(b)reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser’s Notes under section 46 of this title.)
Words “with appellate jurisdiction, as hereinafter limited and established” were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals.
The term “court of appeals” was substituted in this section and throughout this title for the term “circuit court of appeals.”
Provision for a quorum of the court is now covered by section 46(d) of this title.
Connections5 cite this · traces to 1
Cited by 5 sections
Traces to 1 document
10 references not yet in our index
- June 25, 1948, ch. 646
- 62 Stat. 870
- Pub. L. 88–176, § 1(a)
- 77 Stat. 331
- Mar. 3, 1911, ch. 231, § 117
- 36 Stat. 1131
- section 212 of title 28
- Pub. L. 88–176
- Act June 25, 1948, ch. 646, § 2(b)
- 62 Stat. 985
Citation graph
cites case law
§ 43
Creation and composition of courts
U.S.C.×5
ActJune 25, 1948, ch. 646
Stat.62 Stat. 870
Pub. L.Pub. L. 88–176, § 1(a)
Stat.77 Stat. 331
ActMar. 3, 1911, ch. 231, § 117
Cites 11 · showing 6Cited by 5 across 1 source