28-U.S.C.-42
§42 – Allotment of Supreme Court Justices to Circuits
Pathway
Title 28 > Part I > Chapter 3 > Section 42
Details
- Reference: Section 42
- Legend: §42 – Allotment of Supreme Court Justices to Circuits
- USCode Year: 2013
Provision Content
The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation.
A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.
(June 25, 1948, ch. 646, 62 Stat. 870.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911, ch. 231, §119, 36 Stat. 1131; Dec. 23, 1944, ch. 724, 58 Stat. 925).
The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase whenever by reason of death or resignation, no Justice is allotted to a circuit.
The provision in section 215 of Title 28, U.S.C., 1940 ed., that, for the purposes of said section, the District of Columbia shall be deemed to be a judicial circuit, was omitted, since the District of Columbia is made a judicial circuit by section 41 of this title.
The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible.
Changes were made in phraseology.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-455 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-455, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-459 in the Legal Encyclopedia: Courts Organization
In this entry about 28-U.S.C.-459, find legal reference material, bibliographies and premiere content related to courts organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States courts organization-specific issues, written by authorities in the field.
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