§77i Court review of orders

Summary

Any person unhappy with a Commission order can ask a United States court of appeals to review it. They must file a written petition within sixty days in the court of appeals for the circuit where they live or where their main business is, or in the Court of Appeals for the District of Columbia. The court clerk must quickly send a copy to the Commission, and the Commission must file the record under section 2112 of title 28. The court will not consider issues that were not raised before the Commission. The Commission’s factual findings are binding if supported by evidence. If a party shows new evidence is important and there was a good reason it was not given earlier, the court can order that evidence to be taken before the Commission; the Commission may then change its findings. The court’s decision to affirm, change, or set aside the order is final in that court, but the Supreme Court may review it under section 1254 of title 28. Filing for review does not automatically stop the Commission’s order unless the court specifically orders a stay.