U.S. Code
»
Title 28
» Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— THE ATTORNEY GENERAL
28 U.S.C. § 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.(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.)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”.
Editorial NotesAmendments1992—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.
Statutory Notes and Related SubsidiariesEffective Date of 1992 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.
Notes of Decisions
Fed. Election Comm'n v. NRA Political Victory Fund, 513 U.S. 88 (1994).
· cites it 10× “The United States stated, however, that pursuant to 28 U. S. C. § 518 (a) and its implementing regulation, the Solicitor General had authorized the FEC's petition by letter dated May 26, 1994.”
United States v. Providence Journal Co., 485 U.S. 693 (1988).
· cites it 4× “[5] A Title 28 U. S. C. § 518 (a) provides in relevant part: "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 .”
United States v. Donziger, 38 F.4th 290 (2d Cir. 2022).
· cites it 3× “, 28 U.S.C. §§ 518 (b), 519. This authority includes 7 supervising—and if necessary, removing—the special prosecutors.”
United States v. City of Philadelphia, 644 F.2d 187 (3rd Cir. 1980).
· cites it 8× “The district court rejected the Attorney General’s argument that 28 U.S.C. § 518 (b), authorizing his Department' to conduct in federal court any case in which the United States is interested, afforded explicit statutory authority for this suit.”
Virginia House of Delegates v. Bethune-Hill, 139 S. Ct. 1945 (2019).
“2d 785 (1988) (dismissing a writ of certiorari sought by a special prosecutor without authorization from the Solicitor General); see 28 U.S. C. § 518(a) ; 28 CFR § 0.20 (a) (2018).”
United States v. Baldwin, 541 F. Supp. 2d 1184 (D.N.M. 2008).
· cites it 3× “28 U.S.C. § 518 (b). Indeed, she is empowered to determine the location of a United States Attorney’s offices,, see id.”
United States v. Pamela Jean Gantt, 194 F.3d 987 (9th Cir. 1999).
“” *1000 28 U.S.C. § 518 (b). The Attorney General sets the salaries of United States Attorneys and approves the reimbursement of their office expenses.”
In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975).
· cites it 2× “§§ 364-366 (now codified, as modified, at 28 U.S.C. § 518 (b)). In order to employ such special attorneys, the Attorney General was required to certify that the services of the special attorneys “were actually rendered, and that the same could not be performed by the…”
Atkins v. United States, 214 Ct. Cl. 186 (Ct. Cl. 1977).
“§ 518 (1970) as follows: (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 Court of Claims in which the United States is…”
Durable Metal Prods., Inc. v. United States, 21 Cl. Ct. 41 (Ct. Cl. 1990).
· cites it 2× “The principal evidence plaintiff has submitted in support of its motion for partial summary judgment is the CO’s final decision and excerpts from his deposition. It is well settled that the Attorney General of the United States has exclusive authority to conduct suits in the…”
Kenneth M. Cooper v. Tennessee Valley Auth., 723 F.2d 1560 (Fed. Cir. 1983).
· cites it 2× “The government relies on 28 U.S.C. § 518 (a) which, as amended by the Federal Courts Improvement Act of 1982 (Courts Improvement Act), Pub.”
— 28 U.S.C. § 518(a) — 1 case
Virginia House of Delegates v. Bethune-Hill, 139 S. Ct. 1945 (2019).
“2d 785 (1988) (dismissing a writ of certiorari sought by a special prosecutor without authorization from the Solicitor General); see 28 U.S. C. § 518(a) ; 28 CFR § 0.20 (a) (2018).”
— 28 U.S.C. § 518(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.