3 1 a certificate that, in his opinion, the case is of general public 2 importance. A copy of the certificate and request for a three3 judge court shall be immediately furnished by such clerk to 4 the chief judge of the circuit (or in his absence, the presiding 5 circuit judge of the circuit) in which the case is pending. 6 Upon receipt of such request it shall be the duty of the chief 7 judge, as the case may be, to designate immediately three 8 judges in such circuit, of whom at least one shall be a circuit 9 judge and another of whom shall be a district judge of the 10 court in which the proceeding was instituted, to hear and 11 determine such case, and it shall be the duty of the judges so 12 designated to assign the case for hearing at the earliest prac13 ticable date, to participate in the hearing and determination 14 thereof, and to cause the case to be in every way expedited. 15 An appeal from the final judgment of such court will lie to 16 the Supreme Court. 17 18 (b) In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the 19 chief judge of the district (or in his absence, the acting chief 20 judge) in which the case is pending immediately to designate 21 a judge in such district to hear and determine the case. In the 22 event that no judge in the district is available to hear and 23 determine the case, the chief judge of the district, or the act24 ing chief judge, as the case may be, shall certify this fact to 4 1 the chief judge of the circuit (or in his absence, the acting 2 chief judge) who shall then designate a district or circuit 3 judge of the circuit to hear and determine the case. 4 (c) It shall be the duty of the judge designated pursuant 5 to this section to assign the case for hearing at the earliest 6 practicable date and to cause the case to be in every way 7 expedited. 9 SEC. 4. If any provision of this Act, or the application 10 thereof to any person or circumstance, is held invalid, the 11 remaining provisions of this Act, or the application of such 12 provision to other persons or circumstances, shall not be af13 fected thereby. 93D CONGRESS 1ST SESSION S. 287 IN THE SENATE OF THE UNITED STATES JANUARY 11, 1973 Mr. Scort of Virginia introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify the jurisdiction of certain Federal courts with respect to public schools and to confer such jurisdiction upon certain other courts. 5 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That no court created by Act of Congress and having 4 general jurisdiction, original or appellate, with respect to cases or controversies arising under the laws or Constitution 6 of the United States, shall have any jurisdiction to hear 7 or decide cases or controversies involving the public schools. 8 The jurisdiction terminated by this Act shall be vested in 9 the courts of the several States and, with respect to such cases and controversies arising in the District of Columbia 10 II 2 1 or in any other territory or possession of the United States, 2 in the Federal courts of an essentially local jurisdiction in 3 such District, territory, or possession. In each such case or 4 controversy, there is vested in the Supreme Court of the 5 United States appellate jurisdiction by writ of certiorari to 6 the highest State or territorial court exercising jurisdiction 7 over such case or controversy. 6 93D CONGRESS 1ST SESSION S. 619 IN THE SENATE OF THE UNITED STATES JANUARY 31, 1973 Mr. ALLEN (for himself, Mr. BAKER, Mr. BUCKLEY, Mr. HELMS, Mr. NUNN, Mr. Scorr of Virginia, Mr. SPARKMAN, Mr. STENNIS, Mr. TALMADGE, and Mr. THURMOND) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prescribe uniform criteria for formulating judicial remedies for the elimination of dual school systems. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Uniform Criteria Act of 4 1973". 5 6 POLICY AND PURPOSE SEC. 2. (a) The Congress declares it to be the policy of 7 the United States that (1) all persons in the United States are entitled to freedom from coercion imposed in the exercise of limit 8 9 10 less discretionary powers by any branch, agency, or offi 11 cer of the United States Government; |