45 U.S.C. § 1018 — Judicial review
submitted 46 years ago by Pub. L. 96-254 to r/title-45-RAILROADS · 190 words · no verdicts yet
This section sends specified appeals about the constitutionality of laws to the United States Court of Appeals for the Seventh Circuit. It requires certain appeals to be decided together by that court sitting en banc and preserves Court of Claims jurisdiction under section 1491 of title 28.
(a) Appeals. Despite any other law, an appeal from (1) a bankruptcy court decision about the constitutionality of a provision of this chapter, or (2) a decision by the court with jurisdiction over the Milwaukee Railroad reorganization about the constitutionality of the Milwaukee Railroad Restructuring Act (45 U.S.C. 901 and following), must be taken to the United States Court of Appeals for the Seventh Circuit.
(b) Appellate proceedings. If appeals from decisions described in subsection (a) involve section 1005 or 1008 of this title, or section 9 or 15 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 908 or 915), the Court of Appeals must decide those appeals in one consolidated proceeding while sitting en banc.
(c) Action in United States Court of Claims. Nothing in this chapter or in the Milwaukee Railroad Restructuring Act (45 U.S.C. 901 and following) limits any person’s right to bring an action in the United States Court of Claims under section 1491 of title 28, commonly called the Tucker Act.
Notwithstanding any other provision of law, any appeal from—
any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and
any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act (45 U.S.C. 901 et seq.),
shall be taken to the United States Court of Appeals for the Seventh Circuit.
If appeals are taken from decisions described in subsection (a) of this section involving section 1005 or 1008 1 of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [45 U.S.C. 908 or 915], the court of appeals shall determine such appeals in a consolidated proceeding, sitting en banc.
Nothing in this chapter or in the Milwaukee Railroad Restructuring Act (45 U.S.C. 901 et seq.) shall limit the right of any person to commence an action in the United States Court of Claims 1 under section 1491 of title 28 (commonly referred to as the Tucker Act).
Source credit: (Pub. L. 96–254, title I, § 124, as added Pub. L. 96–448, title VII, § 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L. 98–620, title IV, § 402(49), Nov. 8, 1984, 98 Stat. 3361.)
- 1980Enacted · Pub. L. 96-254 · 94 Stat. 1959
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3361
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-254 on 1980-10-14.
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