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~ ET ae ie tat ied Se In short, there is little gained by continuing the present obligatory burden and much to be gained (and little, if anything, to be lost) by eliminating it. 2. Proponents of the Elimination Among those who have advocated the elimination of the Court's obligatory appellate jurisdiction are Chief Justice Burger, Justice Marshall, Justice Blackmun and Justice Powell. See Commission on Revision of the Federal Appellate Court System, Structure and Internal Procedures: Recommendations for Change, 172-188 (1975). _ In addition the Department of Justice has previously taken a position favoring the elimination of obligatory appellate Jurisdiction. See Department of Justice Committee on Revision of the Federal Judicial System, The Needs of the Federal Courts, 41-13 (1977). Finally, the Freune Report strongly advocated the same change. See, Federal Judicial Center, Report of the Study Group on the Case Load of the Supreme Court, 25-38 (1972). We are unaware of any opposition. 3. The Proposal The proposal is fairly simple in form. Set forth below is a section-by-section analysis of the draft. Section 1. This section gives the name of the Act. Section 2. This section repeals 28 U.S.C. 1252. That section currently provides for appellate (mandatory) jurisdiction in the Supreme Court for cases from the various @istrict courts where one judge has invalidated an Act of Congress in a case in which the United States or its agencies or emplovess is a party. The purpose of the section obviously is to expedite cases in which an Act of Congress has been invalidated by a single judge. However, it is our view that in such cases application for a stay would almost always be granted and wheie it is not application can be made for certiorari prior to judgment in the court of appeals under 28 U.S.C. 1254({1). The effect of the repeal is to place jurisdiction for such cases in the courts of appeals under 28 U.S.C. 1291 and 1292. If the judgment were upheld and the case of sufficient importance then a writ of certiorari could be sought under 28 U.S.C. 1254(1).