An Act to improve judicial machinery by amending the requirement for a three-judge court in certain cases, and for other purposes.
PL 94-381 (S.537), enacted 08/12/1976

PUBLIC LAW 94-381—AUG. 12, 1976 
90 STAT. 1119 
Public Law 94-381 
94th Congress 
An Act 
Aug. 12, 1976 
[S. 537] 
U.S. District 
Courts. 
Three-judge court 
requirement for 
certain actions. 
Repeal. 
Repeal. 
To improve judicial machinery by amending the requirement for a three-judge 
court in certain cases and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That section 2281 
of title 28, United States Code, is repealed. 
SEC. 2. That section 2282 of title 28, United States Code, is repealed. 
SEC. 3. That section 2284 of title 28, United States Code, is amended 
to read as follows: 
"2284. Three-judge court; when required; composition; procedure 
"(a) A district court of three judges shall be convened when other-
wise required by Act of Congress, or when an action is filed challenging 
the constitutionality of the apportionment of congressional districts 
or the apportionment of any statewide legislative body. 
"(b) In any action required to be heard and determined by a district 
court of three judges under subsection (a) of this section, the compo-
sition and procedure of the court shall be as follows: 
" (1) Upon the filing of a request for three judges, the judge to whom Notification 
the request is presented sha'l, unless he determines that three judges 
are not required, immediately notify the chief judge of the circuit, 
who shall designate two other judges, at least one of whom shall be a 
circuit judge. The judges so designated, and the judge to whom the 
request was presented, shall serve as members of the court to hear and 
determine the action or proceeding. 
"(2) If the action is against a State, or officer or agency thereof, at Notice and 
least five days' notice of hearing of the action shall be given by reg- hearing, 
istered or certified mail to the Governor and attorney general of the 
State. The hearing shall be given precedence and held at the earliest 
practicable day. 
"(3) A single judge may conduct all proceedings except the trial, 
and enter all orders permitted by the rules of civil procedure except 
as provided in this subsection. He may grant a temporary restraining 
order on a specific finding, based on evidence submitted, that specified 
irreparable damage will result if the order is not granted, which order, 
unless previously revoked by the district judge, shall remain in force 
only until the hearing and determination by the district court of three 
judges of an application for a preliminary injunction, A single judge 
shall not appoint a master, or order a reference, or hear and deter-
mine any application for a preliminary or permanent injunction or 
motion to vacate such an injunction, or enter judgment on the merits. 
Any action of a single judge may be reviewed by the full court at any 
time before final judgment.". 
SEC. 4. The analysis of chapter 155 of title 28, United States Code, 
is amended to read as follows: 
"Sec. 
"2281. Repealed. 
"2282. Repealed. 
"2283. Stay of State court proceedings. 
"2284. Three-judge district court; when required; composition; procedure.". 
-194 O—78—pt. 1 
74 
90 STAT. 1120 
PUBLIC LAW 94-381—AUG. 12, 1976 
SEC. 5. (a) Section 2403 of title 28, United States Code is amended— 
(1) by inserting the subsection "(a)" immediately before "In" 
and 
(2) by adding at the end thereof the following new subsection: 
"(b) In any action, suit, or proceeding in a court of the United 
States to which a State or any agency, officer, or employee thereof 
is not a party, wherein the constitutionality of any statute of that State 
affecting the public interest is drawn in question, the court shall certify 
such fact to the attorney general of the State, and shall permit the 
State to intervene for presentation of evidence, if evidence is other-
wise admissible in the case, and for argument on the question of con-
stitutionality. The State shall, subject to the applicable provisions of 
law, have all the rights of a party and be subject to all liabilities of a 
party as to court costs to the extent necessary for a proper presenta-
tion of the facts and law relating to the question of constitutionality.", 
(b) The catchline to section 2403 of title 28, United States Code, is 
amended to read as follows: 
^§ 2403. Intervention by United States or a State; constitutional 
question*'. 
SEC. 6. Item 2403 of the analysis of chapter 161, of title 28, United 
States Code, is amended to read as follows: 
"2403. Intervention by United States or a State; constitutional question.". 
28 use 2284 
SEC. 7. This Act shall not apply to any action commenced on or 
°ote. 
before the date of enactment. 
Approved August 12, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1379 accompanying H.R. 6150 (Coram, on the Judiciary). 
SENATE REPORT No. 94-204 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): June 20, considered and passed Senate. 
Vol. 122 (1976): Aug. 2, considered and passed House, in lieu of H.R. 6150.