Practice Notes to Rule 44: Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
Raising a Constitutional Question in a Brief or Motion.
Inclusion of a constitutional challenge in a brief or motion is insufficient to satisfy the written notice requirements of Federal Rule of Appellate Procedure 44. Parties must file a separate notice before the clerk of court will certify a matter to the Attorney General of the United States or the attorney general of a State.