[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1064 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1064

To remove the authority of the Ninth Circuit Court of Appeals to sit en 
   banc with fewer than all circuit judges in regular active service.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

 Mr. Simpson introduced the following bill; which was referred to the 
                       Committee on the Judiciary

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                                 A BILL


 
To remove the authority of the Ninth Circuit Court of Appeals to sit en 
   banc with fewer than all circuit judges in regular active service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EN BANC PROCEEDINGS FOR NINTH CIRCUIT COURT OF APPEALS.

    Section 6 of the Act entitled ``An Act to provide for the 
appointment of additional district and circuit judges, and for other 
purposes.'', approved October 20, 1978 (Public Law 95-486; 28 U.S.C. 41 
note), is amended by striking ``may perform its en banc function'' and 
inserting ``may, except in the case of the Court of Appeals for the 
Ninth Circuit, perform its en banc function''.
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