14
ABBOTT v. PEREZ
Opinion of the Court
The provisions are also textually interlocked. Section
1292(a)(1) does not apply where “direct review may be had
in the Supreme Court,” i.e., where §1253 applies. If the
“practical effects” test applied under §1292(a)(1) but not
§1253, the consequences would be unfortunate and
strange. We would have to identify the magic language
needed for an order to qualify as an order granting or
denying an injunction, and that standard would hardly
constitute the sort of “[s]imple” rule that the dissent
prizes. See post, at 14 (opinion of SOTOMAYOR, J.). Then,
having developed that standard, we would have to apply it
in any case in which a party took an appeal to us from an
order of a three-judge court that clearly had the practical
effect of an injunction. If we concluded that the magicwords test was not met, the order would appear to be
appealable to one of the courts of appeals under
§1292(a)(1). In the language of that provision, the order
would be an “orde[r] of [a] district cour[t] of the United
States . . . granting [an] injunctio[n].” And because this
Court would lack jurisdiction under §1253, the appeal
would not fall within §1292(1)’s exception for cases “where
a direct review may be had in the Supreme Court.” Having taken pains to provide for review in this Court, and
not in the courts of appeals, of three-judge court orders
granting injunctions Congress surely did not intend to
produce that result.11
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11 The dissent sees nothing strange about such a result because we
held in Mitchell v. Donovan, 398 U. S. 427 (1970) (per curiam), that we
lacked jurisdiction under §1253 to hear an appeal from a three-judge
court order denying a declaratory judgment. The decision in Donovan
was based on the plain language of §1253, which says nothing about
orders granting or denying declaratory judgments. By contrast, §1253
gives us jurisdiction to hear appeals from orders granting or denying
injunctions.
The same goes for Rockefeller v. Catholic Medical Center of Brooklyn
& Queens, Inc., 397 U. S. 820 (1970) (per curiam), also cited by the
dissent. In that case, the District Court issued a declaratory judgment,