Notes on 28 U.S.C. § 2241 : US Code - Notes

Search Notes on 28 U.S.C. § 2241 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, Sec.
112, 63 Stat. 105; Pub. L. 89-590, Sept. 19, 1966, 80 Stat. 811;
Pub. L. 109-148, div. A, title X, Sec. 1005(e)(1), Dec. 30, 2005,
119 Stat. 2741; Pub. L. 109-163, div. A, title XIV, Sec.
1405(e)(1), Jan. 6, 2006, 119 Stat. 3477.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Secs. 451, 452, 453 (R.S.
Secs. 751, 752, 753; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat.
1167; Feb. 13, 1925, ch. 229, Sec. 6, 43 Stat. 940).
Section consolidates sections 451, 452 and 453 of title 28,
U.S.C., 1940 ed., with changes in phraseology necessary to effect
the consolidation.
Words "for the purpose of an inquiry into the cause of restraint
of liberty" in section 452 of title 28, U.S.C., 1940 ed., were
omitted as merely descriptive of the writ.
Subsection (b) was added to give statutory sanction to orderly
and appropriate procedure. A circuit judge who unnecessarily
entertains applications which should be addressed to the district
court, thereby disqualifies himself to hear such matters on appeal
and to that extent limits his usefulness as a judge of the court of
appeals. The Supreme Court and Supreme Court Justices should not be
burdened with applications for writs cognizable in the district
courts.
1949 ACT
This section inserts commas in certain parts of the text of
subsection (b) of section 2241 of title 28, U.S.C., for the purpose
of proper punctuation.
REFERENCES IN TEXT
Section 1005 of the Detainee Treatment Act of 2005, referred to
in subsec. (e), is section 1005 of Pub. L. 109-148, which amended
this section and enacted provisions set out as a note under section
801 of Title 10, Armed Forces.
Section 1405 of the Detainee Treatment Act of 2005, referred to
in subsec. (e), is section 1405 of Pub. L. 109-163, which amended
this section and enacted provisions set out as a note under section
801 of Title 10, Armed Forces.
AMENDMENTS
2006 - Subsec. (e). Pub. L. 109-163 added subsec. (e), relating
to section 1405 of the Detainee Treatment Act of 2005.
2005 - Subsec. (e). Pub. L. 109-148 added subsec. (e), relating
to section 1005 of the Detainee Treatment Act of 2005.
1966 - Subsec. (d). Pub. L. 89-590 added subsec. (d).
1949 - Subsec. (b). Act May 24, 1949, inserted commas after
"Supreme Court" and "any justice thereof".
(!1) So in original. Two subsecs. (e) have been enacted.
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