Case Involving a Constitutional Question When the United

States or the Relevant State is Not a Party (a) Constitutional Challenge to Federal Statute. If a party ques- tions the constitutionality of an Act of Congress in a proceeding in which the United States or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the fil- ing of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that fact to the Attorney General. (b) Constitutional Challenge to State Statute. If a party ques- tions the constitutionality of a statute of a State in a proceeding in which that State or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing of Rule 45 FEDERAL RULES OF APPELLATE PROCEDURE 48 the record or as soon as the question is raised in the court of ap- peals. The clerk must then certify that fact to the attorney gen- eral of the State. (As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)