2018 US Code
Title 28 - Judiciary and Judicial Procedure
Part I - Organization of Courts
Chapter 3 - Courts of Appeals
Sec. 42 - Allotment of Supreme Court justices to circuits

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Citation 28 U.S.C. § 42 (2018)
Section Name §42. Allotment of Supreme Court justices to circuits
Section Text

The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation.

A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.

Source Credit

(June 25, 1948, ch. 646, 62 Stat. 870.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911, ch. 231, §119, 36 Stat. 1131; Dec. 23, 1944, ch. 724, 58 Stat. 925).

The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase "whenever by reason of death or resignation, no Justice is allotted to a circuit."

The provision in section 215 of Title 28, U.S.C., 1940 ed., that, for the purposes of said section, the "District of Columbia shall be deemed to be a judicial circuit," was omitted, since the District of Columbia is made a judicial circuit by section 41 of this title.

The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible.

Changes were made in phraseology.

Publication Title United States Code, 2018 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 3 - COURTS OF APPEALS
Sec. 42 - Allotment of Supreme Court justices to circuits
Contains section 42
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 36 Stat. 1131
58 Stat. 925
62 Stat. 870
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