
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2403]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
              CHAPTER 161--UNITED STATES AS PARTY GENERALLY
 
Sec. 2403. Intervention by United States or a State; 
        constitutional question
        
    (a) In any action, suit or proceeding in a court of the United 
States to which the United States or any agency, officer or employee 
thereof is not a party, wherein the constitutionality of any Act of 
Congress affecting the public interest is drawn in question, the court 
shall certify such fact to the Attorney General, and shall permit the 
United States to intervene for presentation of evidence, if evidence is 
otherwise admissible in the case, and for argument on the question of 
constitutionality. The United States shall, subject to the applicable 
provisions of law, have all the rights of a party and be subject to all 
liabilities of a party as to court costs to the extent necessary for a 
proper presentation of the facts and law relating to the question of 
constitutionality.
    (b) In any action, suit, or proceeding in a court of the United 
States to which a State or any agency, officer, or employee thereof is 
not a party, wherein the constitutionality of any statute of that State 
affecting the public interest is drawn in question, the court shall 
certify such fact to the attorney general of the State, and shall permit 
the State to intervene for presentation of evidence, if evidence is 
otherwise admissible in the case, and for argument on the question of 
constitutionality. The State shall, subject to the applicable provisions 
of law, have all the rights of a party and be subject to all liabilities 
of a party as to court costs to the extent necessary for a proper 
presentation of the facts and law relating to the question of 
constitutionality.

(June 25, 1948, ch. 646, 62 Stat. 971; Pub. L. 94-381, Sec. 5, Aug. 12, 
1976, 90 Stat. 1120.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 401 (Aug. 24, 1937, ch. 
754, Sec. 1, 50 Stat. 751).
    Word ``action'' was added before ``suit or proceeding'', in view of 
Rule 2 of the Federal Rules of Civil Procedure.
    Since this section applies to all Federal courts, the word ``suit'' 
was not required to be deleted by such rule.
    ``Court of the United States'' is defined in section 451 of this 
title. Direct appeal from decisions invalidating Acts of Congress is 
provided by section 1252 of this title.
    Changes were made in phraseology.


                               Amendments

    1976--Pub. L. 94-381, Sec. 5(b), inserted ``or a State'' after 
``United States'' in section catchline.
    Subsecs. (a), (b). Pub. L. 94-381, Sec. 5(a), designated existing 
provisions as subsec. (a) and added subsec. (b).


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-381 not applicable to any action commenced 
on or before Aug. 12, 1976, see section 7 of Pub. L. 94-381, set out as 
a note under section 2284 of this title.
