Civil Cases—Direct Appeals to the Supreme Court

Direct appeal to the Supreme Court is the appropriate avenue of review of decisions of three-judge courts granting or denying an injunction.

See

28 U.S.C. § 1253. The time for appealing a decision under 28 U.S.C. § 1253 holding unconstitutional an Act of Congress is 30 days. 28 U.S.C. § 2101(a). The time for the filing of other direct appeals in the Supreme Court is either 30 or 60 days.

See

28 U.S.C. § 2101(b). However, special statutes that authorize direct appeals to the Supreme Court (see below) may specify shorter appeal periods.

If a United States Attorney is working on a case in which a three-judge district court is convened, it is important to maintain close contact with the appropriate division to determine how to proceed in the event of an adverse judgment, or an appeal by an opposing party from a favorable judgment.

From time to time Congress provides for direct Supreme Court review of district court judgments in a particular kind of case.

See, e.g.

, 47 U.S.C. § 555(c)(2) (Cable Act); 2 U.S.C. § 692(b) (Line Item Veto Act). If the United States Attorney is working on a case in which direct appeal to the Supreme Court is provided for by statute, the United States Attorney should consult closely with the appellate section of the appropriate division as to how to proceed after judgment is entered by the district court.

[updated July 2018]