Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§3904 Expedited review of certain appeals
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 179— - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES › § 3904
Summary
You can take an appeal straight to the U.S. Supreme Court from any earlier or final court decision, decree, or order when the appeal asks whether any part of chapter 5 of title 3 is constitutional. If the Supreme Court has not already decided that constitutional question, it must take the case, move it ahead on its schedule, and speed the appeal as much as possible.
Full Legal Text
Title 28, §3904
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of chapter 5 of title 3.
(b)The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3904
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73