Public Law 119-73 (01/23/2026)

45 U.S.C. § 1018

Judicial review

(a)

Appeals

Notwithstanding any other provision of law, any appeal from—
(1)
any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and
(2)
45 U.S.C. 901 any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act ( et seq.),
shall be taken to the United States Court of Appeals for the Seventh Circuit.
(b)

Appellate proceedings

1

1 See References in Text note below.
45 U.S.C. 908If appeals are taken from decisions described in subsection (a) of this section involving section 1005 or 1008  of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [ or 915], the court of appeals shall determine such appeals in a consolidated proceeding, sitting en banc.

(c)

Action in United States Court of Claims

45 U.S.C. 9011section 1491 of title 28Nothing in this chapter or in the Milwaukee Railroad Restructuring Act ( et seq.) shall limit the right of any person to commence an action in the United States Court of Claims  under (commonly referred to as the Tucker Act).

Pub. L. 96–254, title I, § 124Pub. L. 96–448, title VII, § 701(a)(1)94 Stat. 1959Pub. L. 98–620, title IV, § 402(49)98 Stat. 3361(, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 96–25494 Stat. 399section 1001 of this titleThis chapter, referred to in subsecs. (a)(1) and (c), was in the original “this title”, meaning title I (§ 101 et seq.) of , , , known as the Rock Island Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under and Tables.

Pub. L. 96–10193 Stat. 736section 901 of this titleThe Milwaukee Railroad Restructuring Act, referred to in subsecs. (a)(2) and (c), is , , , which is classified principally to chapter 18 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 1008 of this titlePub. L. 97–468, title II, § 234(a)96 Stat. 2547, referred to in subsec. (b), was repealed by , , .

Pub. L. 97–16496 Stat. 25The United States Court of Claims, referred to in subsec. (c), and the United States Court of Customs and Patent Appeals were merged effective , into a new United States Court of Appeals for the Federal Circuit by , , , which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure.

Amendments

Pub. L. 98–6201984—Subsec. (b). struck out provision requiring the court to render a final decision no later than 60 days after the filing of the last such appeal.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date

section 710(d) of Pub. L. 96–448section 1170 of Title 11Section effective , see , set out as an Effective Date of 1980 Amendment note under , Bankruptcy.