The 1966 Bail Act, now reversed, denied bail only if a court ruled an issue on appeal as frivolous. The ninth and third circuit courts developed a Fairly Debatable standard for interpreting the phrase 'substantial question' in the 1984 Bail Act, admitting a novel appeal or one lacking controlling precedent. This Fairly Debatable standard has been criticized for its outdated historical basis and now has only wavering support. All other circuit courts follow the more restrictive Close Question standard examining the merits of each appeal and correctly applying the intent of Congress. This Close Question standard should be adopted by all circuit courts. 104 references.