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28 USC CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS

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CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS

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Sec.

[2281. Repealed.]

[2282. Repealed.]

2283. Stay of State court proceedings.

2284. Three-judge district court; when required;

composition; procedure.(!1)

AMENDMENTS

1976 - Pub. L. 94-381, Sec. 4, Aug. 12, 1976, 90 Stat. 1119,

struck out item 2281 "Injunction against enforcement of State

statute; three-judge court required", item 2282 "Injunction against

enforcement of Federal statute; three-judge court required", and

inserted "when required" after "district court" in item 2284.

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(!1) So in original. Does not conform to section catchline.

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28 USC Secs. 2281, 2282 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS

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[Secs. 2281, 2282. Repealed. Pub. L. 94-381, Secs. 1, 2, Aug. 12,

1976, 90 Stat. 1119]

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Section 2281, act June 25, 1948, ch. 646, 62 Stat. 968, provided

that an interlocutory or permanent injunction restraining the

enforcement, operation or execution of a State statute on grounds

of unconstitutionality should not be granted unless the application

has been heard and determined by a three-judge district court.

Section 2282, act June 25, 1948, ch. 646, 62 Stat. 968, provided

that an interlocutory or permanent injunction restraining the

enforcement, operation or execution of any Act of Congress on

grounds of unconstitutionality should not be granted unless the

application therefor has been heard and determined by a three-judge

district court.

EFFECTIVE DATE OF REPEAL

Repeal not applicable to any action commenced on or before Aug.

12, 1976, see section 7 of Pub. L. 94-381 set out as an Effective

Date of 1976 Amendment note under section 2284 of this title.

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28 USC Sec. 2283 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS

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Sec. 2283. Stay of State court proceedings

-STATUTE-

A court of the United States may not grant an injunction to stay

proceedings in a State court except as expressly authorized by Act

of Congress, or where necessary in aid of its jurisdiction, or to

protect or effectuate its judgments.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 968.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 379 (Mar. 3, 1911, ch.

231, Sec. 265, 36 Stat. 1162).

An exception as to acts of Congress relating to bankruptcy was

omitted and the general exception substituted to cover all

exceptions.

The phrase "in aid of its jurisdiction" was added to conform to

section 1651 of this title and to make clear the recognized power

of the Federal courts to stay proceedings in State cases removed to

the district courts.

The exceptions specifically include the words "to protect or

"effectuate its judgments," for lack of which the Supreme Court

held that the Federal courts are without power to enjoin

relitigation of cases and controversies fully adjudicated by such

courts. (See Toucey v. New York Life Insurance Co., 62 S.Ct. 139,

314 U.S. 118, 86 L.Ed. 100. A vigorous dissenting opinion (62 S.Ct.

148) notes that at the time of the 1911 revision of the Judicial

Code, the power of the courts, of the United States to protect

their judgments was unquestioned and that the revisers of that code

noted no change and Congress intended no change).

Therefore the revised section restores the basic law as generally

understood and interpreted prior to the Toucey decision.

Changes were made in phraseology.

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28 USC Sec. 2284 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 155 - INJUNCTIONS; THREE-JUDGE COURTS

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Sec. 2284. Three-judge court; when required; composition; procedure

-STATUTE-

(a) A district court of three judges shall be convened when

otherwise required by Act of Congress, or when an action is filed

challenging the constitutionality of the apportionment of

congressional districts or the apportionment of any statewide

legislative body.

(b) In any action required to be heard and determined by a

district court of three judges under subsection (a) of this

section, the composition and procedure of the court shall be as

follows:

(1) Upon the filing of a request for three judges, the judge to

whom the request is presented shall, unless he determines that

three judges are not required, immediately notify the chief judge

of the circuit, who shall designate two other judges, at least one

of whom shall be a circuit judge. The judges so designated, and the

judge to whom the request was presented, shall serve as members of

the court to hear and determine the action or proceeding.

(2) If the action is against a State, or officer or agency

thereof, at least five days' notice of hearing of the action shall

be given by registered or certified mail to the Governor and

attorney general of the State.

(3) A single judge may conduct all proceedings except the trial,

and enter all orders permitted by the rules of civil procedure

except as provided in this subsection. He may grant a temporary

restraining order on a specific finding, based on evidence

submitted, that specified irreparable damage will result if the

order is not granted, which order, unless previously revoked by the

district judge, shall remain in force only until the hearing and

determination by the district court of three judges of an

application for a preliminary injunction. A single judge shall not

appoint a master, or order a reference, or hear and determine any

application for a preliminary or permanent injunction or motion to

vacate such an injunction, or enter judgment on the merits. Any

action of a single judge may be reviewed by the full court at any

time before final judgment.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 968; Pub. L. 86-507, Sec. 1(19),

June 11, 1960, 74 Stat. 201; Pub. L. 94-381, Sec. 3, Aug. 12, 1976,

90 Stat. 1119; Pub. L. 98-620, title IV, Sec. 402(29)(E), Nov. 8,

1984, 98 Stat. 3359.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 47, 47a, 380, 380a,

and 792 (Mar. 3, 1911, ch. 231, Secs. 210, 266, 36 Stat. 1150,

1162; Mar. 4, 1943, ch. 160, 37 Stat. 1013; Oct. 22, 1913, ch. 32,

38 Stat. 220; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 938; Aug.

24, 1937, ch. 754, Sec. 3, 50 Stat. 752; Apr. 6, 1942, ch. 210,

Sec. 3, 56 Stat. 199).

Provisions of sections 47, 47a, 380, and 380a of title 28,

U.S.C., 1940 ed., relating to the Supreme Court's jurisdiction of

direct appeals appear in section 1253 of this title.

Provisions of sections 47, 380, and 380a of title 28, U.S.C.,

1940 ed., requiring applications for injunctions restraining the

enforcement, operation or execution of Federal or State statutes or

orders of the Interstate Commerce Commission to be heard and

determined by three-judge district courts appear in sections 2281,

2282, and 2325 of this title.

The provision for notice to the United States attorney for the

district where the action is pending was added because of the

necessity of the United States attorney's preparation for hearing

as soon as possible, to expedite such a case.

Provisions of sections 47, 47a, 380, and 380a of title 28,

U.S.C., 1940 ed., respecting time for direct appeal appear in

section 2101 of this title.

This revised section represents an effort to provide a uniform

method of convoking three-judge district courts, and for procedure

therein. It follows recommendations of a committee appointed by the

Judicial Conference of the United States, composed of Circuit

Judges Evan A. Evans, Kimbrough Stone, Orie L. Phillips, and Albert

B. Maris.

The committee pointed out that section 380a of title 28, U.S.C.,

1940 ed., is the latest and "most carefully drawn expression by

Congress on the subject." Consequently, this section follows

closely such section 380a and eliminates the discrepancies between

sections 47, 47a, 380, and 380a of such title.

This section governs only the composition and procedure of

three-judge district courts. The requirement that applications for

injunctions be heard and determined by such courts will appear in

other sections of this and other titles of the United States Code

as Congress may enact from time to time. For example, see sections

2281, 2282, and 2325 of this title, sections 1213, 1215, 1255 of

title 11, U.S.C., 1940 ed., Bankruptcy, section 28 of title 15,

U.S.C., 1940 ed., Commerce and Trade, and section 44 of title 49,

U.S.C., 1940 ed., Transportation.

United States District Judge W. Calvin Chestnut, has referred to

the provisions relating to enforcement or setting aside or orders

of the Interstate Commerce Commission as unfortunately lengthy and

prolix. He has urged revision to insure uniform procedure in the

several classes of so-called three-judge cases.

The provision that such notice shall be given by the clerk by

registered mail, and shall be complete on the mailing thereof

follows, substantially, rules 4(d)(4) and 5(b) of the Federal Rules

of Civil Procedure.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The rules of civil procedure, referred to in subsec. (b)(3), are

set out in the Appendix to this title.

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AMENDMENTS

1984 - Subsec. (b)(2). Pub. L. 98-620 struck out provision that

the hearing had to be given precedence and held at the earliest

practicable day.

1976 - Pub. L. 94-381 substituted "Three-judge court; when

required" for "Three-judge district court" in section catchline,

and generally revised section to alter the method by which

three-judge courts are composed, the procedure used by such courts,

and to conform its requirements to the repeal of sections 2281 and

2282 of this title.

1960 - Pub. L. 86-507 substituted "by registered mail or by

certified mail by the clerk and" for "by registered mail by the

clerk, and".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 7 of Pub. L. 94-381 provided that: "This Act [amending

this section and section 2403 of this title and repealing sections

2281 and 2282 of this title] shall not apply to any action

commenced on or before the date of enactment [Aug. 12, 1976]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 922; title 18

section 3626; title 26 sections 9010, 9011; title 42 sections

1973b, 1973c, 1973h, 1973aa-2, 1973bb; title 47 section 555.

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