Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2350 Review in Supreme Court on certiorari or certification
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 158— - ORDERS OF FEDERAL AGENCIES; REVIEW › § 2350
Summary
The Supreme Court may review orders that grant or deny temporary injunctions under section 2349(b) and final court-of-appeals judgments in this chapter if the United States, the agency, or an aggrieved party asks for review within 45 days for orders or 90 days for judgments; certification and stay rules in sections 1254(2) and 2101(f) apply.
Full Legal Text
Title 28, §2350
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)An order granting or denying an interlocutory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.
(b)The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1040.Dec. 29, 1950, ch. 1189, § 10, 64 Stat. 1132. The words “of the United States” following “Supreme Court” are omitted as unnecessary because the term “Supreme Court” as used in title 28 means the Supreme Court of the United States. The words “section 2101(f) of this title” are substituted for “section 2101(e) of Title 28” on authority of the Act of May 24, 1949, ch. 139, § 106(b), 63 Stat. 104, which redesignated subsection (e) of section 2101 as subsection (f).
Editorial Notes
Amendments
1988—Subsec. (b). Pub. L. 100–352 substituted “1254(2)” for “1254(3)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such
Effective Date
or affect right to review or manner of reviewing judgment or decree of court which was entered before such
Effective Date
, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2350
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73