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§ 518. Conduct and argument of cases

Version history — every release point where this text changed

Release point 116-163 · current through 10/02/2020

116-252 is not ingested; this is Title 28 as published at 116-163 (2020-10-02), which is the latest release point at or before it that carries this title.

§ 518.

Conduct and argument of cases

(a)

Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested.

(b)

When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so.

Source(Added Pub. L. 89–554, § 4(c),
Sept. 6, 1966
, 80 Stat. 613; amended Pub. L. 96–417, title V, § 503,
Oct. 10, 1980
, 94 Stat. 1743; Pub. L. 97–164, title I, § 117,
Apr. 2, 1982
, 96 Stat. 32; Pub. L. 102–572, title IX, § 902(b)(1),
Oct. 29, 1992
, 106 Stat. 4516.)
Notes
Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
 
5 U.S.C. 309.
R.S. § 359.
The words “and writs of error” are omitted on authority of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. The word “considers” is substituted for “deems”.

Amendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court or in the United States Court of Appeals for the Federal Circuit” for “Court of Claims”.
1980—Subsec. (a). Pub. L. 96–417 required the Attorney General and the Solicitor General to conduct and argue suits in the Court of International Trade.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective
Oct. 29, 1992
, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective
Oct. 1, 1982
, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective
Nov. 1, 1980
, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.

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