June 25, 1948, ch. 64662 Stat. 870Pub. L. 88–176, § 1(a)77 Stat. 331(, ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 11736 Stat. 1131Based on title 28, U.S.C., 1940 ed., § 212 (, ).
section 212 of title 28Textile Mills Securities Corporation v. Commissioner of Internal Revenuesection 46 of this titleThe provision in , 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 , 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser’s Notes under .)
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.”
section 46(d) of this titleProvision for a quorum of the court is now covered by .
Editorial Notes
Amendments
Pub. L. 88–1761963—Subsec. (b). inserted “regular” before “active service”.
Statutory Notes and Related Subsidiaries
Change of Name of Court
Act June 25, 1948, ch. 646, § 2(b)62 Stat. 985, , provided in part that each circuit court of appeals should, after , be known as a United States Court of Appeals, but that the enactment of act should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on .