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Soa eaten ance ee A Hot he pt RN I a I a I wae « . —_ Agsoc, Iv: . ra a Dep. £2 Acme “ . . Rep. AS Ogee Br, wlnited States Department of 4. dtice Aas — ua We ee, RES ogy, OFFICE FCR IMPROVEMENTS IN THE Fax Sh ADMINISTRATION OF JUSTICE fee ~— . WASHINGTON, D.C, 20530 1m ke nv January 10, 1978 | Ra, dowesss | Te-h Congo MEMORANDUM TENERAL G ee Tech. ¢ Sen \ Public Als Of TO: Heads of Offices, Boards and Divisions | Telephone ka . Drectci’s See'y. FROM: Daniel J. Meador Om Assistant Attorney General L SUBJECT: Obligatory Appellate ‘Jurisdiction 7 1 Hee of the Supreme Court Attached for your consideration and comments is a proposed bill which this Office “s Gevoleping fer submission to the Attorney General, OMB, and Congress. Also attached is a memorandum giving some of the background for the proposal, The effect of this legislation is to limit the oblig- atory appellate jurisdicticn of the Supreme Court generally to those cases involving the granting or denial of an injunction by a three-judge district court. All other cases would come to the Court on writ of certiorari to one of the courts of appeals, the Court of Claims, the Court of Customs d Patent Appeals, the highest court of a state, or the “Supreme Court of Puerto Rico. Obligatory appellate jurisdiction is ratained in these cases decided by three-judge courts because, after the 1976 revision of the jurisdiction of such courts, relatively few cases are still heard Ly three-judge courts, and since that As revision is so recent we are reluctant to ask Congress to re- open the question of three-judge courts at this time. Moreover, if mandatory jurisdiction were removed fror these cases there would be no appeal of right available unless one was created in the courts of appeals. Courts of appeals review of these cases would be peculiar in that one group of three judges would be reviewing the decision of another group of three jucges, and the latter would include one judge from the reviewing ‘court. | nang st O2- 27 5f£5—A4S Ray x-104 ee Ty (372. ne) - Poo _— ‘ . 7 SANG 1978 > ENCY ok } y ws ve Vv f ve Net ad - sot r | nent geen a, TE NAG A Eas Mai VI, tae ET. pte UTEP eT Pe oF