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Friday, 01 May 2009 00:00

TITLE 28—judiciary and judicial procedure
PART  I—ORGANIZATION OF COURTS
CHAPTER  5—DISTRICT COURTS
Sec. 88. District of Columba
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
(June 25, 1948, ch. 646, Stat 875.)
Historical and Revision Notes

This section expressly makes the District of Columbia a judicial district of the United States.

Section 41 of this title also makes the District of Columbia a judicial circuit of the United States.

Section 11-305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.

It is consonant with the ruling of the Supreme Court in O’Donoghue v. United States, 1933, 153 S. Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals “shall hereafter be known as the United States Court of Appeals for the District of Columbia” (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia” to “district of the United States for the District of Columbia” (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.ct. 557, 274 U.S. 145, 71 L.Ed 972, the Supreme Court ruled: “ . . . parallelism between the Supreme Court of the District (of Columbia and the Court of Appeals of the District of Columbia, on the one hand, and the district courts of the United States and disposition of cases involving what among the States would be regarded as within Federal jurisdiction is complete,’ 1 See also to the same effect a 1932, 52 S.ct. 440, 285 U.S. 382, 76 L.Ed. 808. [bold underline emphasis added]

For complete annotation materials see Title 28 U.S.C.A. (United States Code Annotated)

 

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