LMFAO Your office is free to codify it if it ever changes, that's ok with me, but it hasn't....there it sits as law.
Now see, you've got that part absolutely right--the code will be updated if
congress should ever change it. But congress hasn't.
Congress actually didn't eliminate the distinction between law and equity in federal courts by legislation. Instead, the supreme court, through the authority congress delegated to make rules for the federal courts, promulgated the Federal Rules of Civil Procedure, and that's what eliminated the distinction between law and equity. Because the supreme court's rules weren't enacted into law by both houses of congress and the signature of the president, they have nothing to do with the code.
How do you know it's just an anachronism, beyond any doubt? Any federal district court can grant you both money and equitable remedies. So "court of law or equity" is irrelevant anyway, since there's only one court and one system.
Edit: We already went through why court decisions don't alter the code. The code is what congress said; the court decisions are gloss and interpretation of what congress said in the code. You must read them together. This situation is similar, because the supreme court's rules are not legislation, just judicial decree. The rules cannot alter the code in any way because they are not law, even though they control the functioning the of the federal courts.
Also, if the Federal Rules of Evidence come up, I note in advance that they actually
are law, unlike the Federal Rules of Civil Procedure, because congress rejected the rules of evidence the supreme court tried to enact and ended up doing it legislatively.