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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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| LegalText | 28 U.S.C. § 43 | Creation and composition of courts | us | united_states_code | code_section | 28 | JUDICIARY AND JUDICIAL PROCEDURE | 3 | COURTS OF APPEALS | 43 | 28 U.S.C. § 43 | current | 119-100 | 2026-06-26 | official | https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip | /us/usc/t28/s43 | data/legal/raw/us/code/title-28/usc28.xml | cb98d6a45c377f55a873cdcf74a881a75b6efa8c8c0d6781a9da0dd05ae85c7a | 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf | 545b6986703e7c21ea45cc2b64c738b50f0615de92e9b6bd21882179c499e414 | 2026-07-04 | official |
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28 U.S.C. § 43 - Creation and composition of courts
Text
(a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
(June 25, 1948, ch. 646, 62 Stat. 870; Pub. L. 88–176, § 1(a), Nov. 13, 1963, 77 Stat. 331.)
Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 212 (Mar. 3, 1911, ch. 231, § 117, 36 Stat. 1131). The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection (b) reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser’s Notes under section 46 of this title.) Words “with appellate jurisdiction, as hereinafter limited and established” were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals. The term “court of appeals” was substituted in this section and throughout this title for the term “circuit court of appeals.” Provision for a quorum of the court is now covered by section 46(d) of this title.
Editorial Notes
Amendments1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.
Statutory Notes and Related Subsidiaries
Change of Name of Court Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that each circuit court of appeals should, after Sept. 1, 1948, be known as a United States Court of Appeals, but that the enactment of act June 25, 1948 should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on Sept. 1, 1948.