# Justice Manual § 2-4.212: Civil Cases—Direct Appeals to the Supreme Court

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S2-4.212

## Section

- **Citation:** Justice Manual § 2-4.212
- **Heading:** Civil Cases—Direct Appeals to the Supreme Court
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 2: Appeals / 2-4.000 - Time To Appeal Or Petition For Review Or Certiorari: Criminal and Civil Cases / Justice Manual § 2-4.212

## Text

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]

## Nearby sections

- [Justice Manual § 2-4.110 Criminal Cases—Appeal by Government](https://www.frixlaw.com/law-library/statutes/JM_S2-4.110.md)
- [Justice Manual § 2-4.112 Criminal Cases—Appeal by Defendant](https://www.frixlaw.com/law-library/statutes/JM_S2-4.112.md)
- [Justice Manual § 2-4.113 Criminal Cases—Rehearing in Court of Appeals](https://www.frixlaw.com/law-library/statutes/JM_S2-4.113.md)
- [Justice Manual § 2-4.114 Criminal Cases—Petitions for Writs of Certiorari](https://www.frixlaw.com/law-library/statutes/JM_S2-4.114.md)
- [Justice Manual § 2-4.121 Criminal Cases—Collateral Relief—28 U.S.C. § 2255 and Habeas Corpus](https://www.frixlaw.com/law-library/statutes/JM_S2-4.121.md)
- [Justice Manual § 2-4.122 Criminal Cases—Other](https://www.frixlaw.com/law-library/statutes/JM_S2-4.122.md)
- [Justice Manual § 2-4.123 Criminal Cases—Mandamus](https://www.frixlaw.com/law-library/statutes/JM_S2-4.123.md)
- [Justice Manual § 2-4.211 Civil Cases—Supreme Court Petitions for Certiorari](https://www.frixlaw.com/law-library/statutes/JM_S2-4.211.md)
- [Justice Manual § 2-4.212 Civil Cases—Direct Appeals to the Supreme Court](https://www.frixlaw.com/law-library/statutes/JM_S2-4.212.md)
- [Justice Manual § 2-4.220 Civil Cases—Appeals to Court of Appeals](https://www.frixlaw.com/law-library/statutes/JM_S2-4.220.md)
- [Justice Manual § 2-4.221 Civil Cases—Appeals to the Federal Circuit from District Courts](https://www.frixlaw.com/law-library/statutes/JM_S2-4.221.md)
- [Justice Manual § 2-4.222 Civil Cases—Cross-Appeals](https://www.frixlaw.com/law-library/statutes/JM_S2-4.222.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S2-4.212. Check the current official text before relying on it. Not legal advice.