US (United States) Code. Title 28. Part IV: Jurisdiction and venue. Chapter 81: Supreme Court

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-CITE-

28 USC CHAPTER 81 - SUPREME COURT 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

CHAPTER 81 - SUPREME COURT

-MISC1-

Sec.

1251. Original jurisdiction.

[1252. Repealed.]

1253. Direct appeals from decisions of three-judge courts.

1254. Courts of appeals; certiorari; certified questions.

[1255, 1256. Repealed.]

1257. State courts; certiorari.

1258. Supreme Court of Puerto Rico; certiorari.

1259. Court of Appeals for the Armed Forces; certiorari.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title IX, Sec. 924(d)(2)(B), Oct.

5, 1994, 108 Stat. 2832, substituted "Court of Appeals for the

Armed Forces" for "Court of Military Appeals" in item 1259.

1988 - Pub. L. 100-352, Secs. 1, 2(c), 5(a), June 27, 1988, 102

Stat. 662, 663, struck out item 1252 "Direct appeals from decisions

invalidating Acts of Congress", struck out "appeal;" after

"certiorari;" in item 1254, and struck out "appeal;" after "State

courts;" in item 1257 and after "of Puerto Rico;" in item 1258.

1983 - Pub. L. 98-209, Sec. 10(a)(2), Dec. 6, 1983, 97 Stat.

1406, added item 1259.

1982 - Pub. L. 97-164, title I, Sec. 123, Apr. 2, 1982, 96 Stat.

36, struck out item 1255 "Court of Claims; certiorari; certified

questions" and item 1256 "Court of Customs and Patent Appeals;

certiorari".

1961 - Pub. L. 87-189, Sec. 2, Aug. 30, 1961, 75 Stat. 417, added

item 1258.

DEFINITIONS OF COURTS AND JUDGES

Section 32 of act June 25, 1948, as amended by act May 24, 1949,

ch. 139, Sec. 127, 63 Stat. 107, provided:

"(a) All laws of the United States in force on September 1, 1948,

in which reference is made to a 'circuit court of appeals'; 'senior

circuit judge'; 'senior district judge'; 'presiding judge'; 'chief

justice', except when reference to the Chief Justice of the United

States is intended; or 'justice', except when used with respect to

a justice of the Supreme Court of the United States in his capacity

as such or as a circuit justice, are hereby amended by substituting

'court of appeals' for 'circuit court of appeals'; 'chief judge of

the circuit' for 'senior circuit judge'; 'chief judge of the

district court' for 'senior district judge'; 'chief judge' for

'presiding judge'; 'chief judge' for 'chief justice', except when

reference to the Chief Justice of the United States is intended;

and 'judge' for 'justice', except when the latter term is used with

respect to a justice of the Supreme Court of the United States in

his capacity as such or as a circuit justice.

"(b) All laws of the United States in force on September 1, 1948,

in which reference is made to the Supreme Court of the District of

Columbia or to the District Court of the United States for the

District of Columbia are amended by substituting 'United States

District Court for the District of Columbia' for such designations.

"(c) All laws of the United States in force on September 1, 1948,

in which reference is made to the 'Conference of Senior Circuit

Judges', or to the 'Judicial Conference of Senior Circuit Judges'

are amended by substituting 'Judicial Conference of the United

States' for such designations.

"(d) This section shall not be construed to amend historical

references to courts or judicial offices which have no present or

future application to such courts or offices."

-CROSS-

RULES OF THE SUPREME COURT

Procedure generally, on appeal to or in Supreme Court, see

Appendix to this title.

-End-

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28 USC Sec. 1251 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1251. Original jurisdiction

-STATUTE-

(a) The Supreme Court shall have original and exclusive

jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive

jurisdiction of:

(1) All actions or proceedings to which ambassadors, other

public ministers, consuls, or vice consuls of foreign states are

parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens

of another State or against aliens.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 927; Pub. L. 95-393, Sec. 8(b),

Sept. 30, 1978, 92 Stat. 810.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 341, 371(7), (8) (Mar.

3, 1911, ch. 231, Secs. 233, 256, 36 Stat. 1156, 1160; Oct. 6,

1917, ch. 97, Sec. 2, 40 Stat. 395; June 10, 1922, ch. 216, Sec. 2,

42 Stat. 635).

This section reconciles provisions of sections 341 and 371(7),

(8) of title 28, U.S.C., 1940 ed., with Article 3, section 2 and

Amendment 11 of the Constitution.

Sections 341 and 371 of title 28, U.S.C., 1940 ed., were not

wholly consistent with such constitutional provisions. Said section

341 provided that the Supreme Court should have original

jurisdiction of controversies between a State and citizens of other

States or aliens, whereas the 11th Amendment prohibits an action in

any Federal Court against a State by citizens of another State or

aliens.

The original jurisdiction conferred on the Supreme Court by

Article 3, section 2, of the Constitution is not exclusive by

virtue of that provision alone. Congress may provide for or deny

exclusiveness. Ames v. Kansas, 1884, 4 S.Ct. 437, 111 U.S. 449, 28

L.Ed. 442; U.S. v. 4,450.72 Acres of Land, Clearwater County, State

of Minnesota, D.C. Minn., 1939, 27 F.Supp. 167, affirmed 125 F.2d

636.

Sections 341 and 371 of title 28, U.S.C., 1940 ed., did not

confer expressly exclusive jurisdiction on the Supreme Court in

civil cases between States, Louisiana v. Texas, 1899, 20 S.Ct. 251,

176 U.S. 1, 44 L.Ed. 347, as has been provided in subsection (a)(1)

of the revised section. The language at the beginning of said

section 341, for which said subsection has been substituted, was

ambiguous and made it appear that an action by a State against the

United States would be within the exclusive jurisdiction of the

Supreme Court. However, in U.S. v. Louisiana, 1887, 8 S.Ct. 17, 123

U.S. 32, 31 L.Ed. 69, the Supreme Court, in a case appealed from

the Court of Claims, held to the contrary.

So, also, in actions by the United States to condemn lands of a

State or to enforce penalties for violation of a Federal statute

against a State-owned utility, the United States district courts

have jurisdiction. See United States v. State of Utah, 1931, 51

S.Ct. 438, 283 U.S. 64, 75 L.Ed. 844; United States v. 4,450.72

Acres of Land, Clearwater County, State of Minnesota, D.C.Minn.

1939, 27 F.Supp. 167, affirmed 125 F.2d 636; United States v. State

of California, 1936, 56 S.Ct. 421, 297 U.S. 175, 80 L.Ed. 567.

The intent of section 371(7), (8) of title 28, U.S.C., 1940 ed.,

that the jurisdiction of the courts of the United States should be

exclusive of the courts of the States in controversies to which a

State is a party, and suits against ambassadors, public ministers,

consuls and vice consuls, is preserved and clarified by this

section and section 1351 of this title.

The revised section preserves existing law with reference to

foreign ambassadors, other public ministers and consuls. Under

subsection (a)(2) the Supreme Court has exclusive jurisdiction of

actions or proceedings against the ambassadors or public ministers

of other nations.

Under subsection (b)(1) the Supreme Court has original but not

exclusive jurisdiction of actions or proceedings brought by such

ambassadors or other public ministers or to which consuls or vice

consuls of other nations are parties.

Section 1351 of this title gives to United States district

courts, exclusive of the courts of the States, jurisdiction of

civil actions against such consuls and vice consuls.

This section and said section 1351 of this title have no

application to ambassadors, public ministers, consuls or vice

consuls representing the United States. See Milward v. McSaul,

D.C.S.D.N.Y. 1846, 17 Fed.Cas.No. 9,623 and State of Ohio ex rel.

Popovici v. Alger, 1930, 50 S.Ct. 154, 280 U.S. 379, 74 L.Ed. 489.

Changes were made in phraseology.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-393, Sec. 8(b)(1), designated

introductory provision of subsec. (a) and (a)(1) as (a), and struck

out "(2) All actions or proceedings against ambassadors or other

public ministers of foreign states or their domestics or domestic

servants, not inconsistent with the law of nations".

Subsec. (b)(1). Pub. L. 95-393, Sec. 8(b)(2), substituted "to

which ambassadors, other public ministers, consuls, or" for

"brought by ambassadors or other public ministers of foreign states

or to which consuls or".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-393 effective at the end of the

ninety-day period beginning on Sept. 30, 1978, see section 9 of

Pub. L. 95-393, set out as an Effective Date note under section

254a of Title 22, Foreign Relations and Intercourse.

STATUTES GOVERNING WRITS OF ERROR TO APPLY TO APPEALS

Act Jan. 31, 1928, ch. 14, Sec. 2, 45 Stat. 54, amended Apr. 26,

1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62

Stat. 990, provided that "All Acts of Congress referring to writs

of error shall be construed as amended to the extent necessary to

substitute appeal for writ of error." See also, notes preceding

section 1 of this title.

-End-

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28 USC Sec. 1252 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

[Sec. 1252. Repealed. Pub. L. 100-352, Sec. 1, June 27, 1988, 102

Stat. 662]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 928; Oct. 31,

1951, ch. 655, Sec. 47, 65 Stat. 726; July 7, 1958, Pub. L. 85-508,

Sec. 12(e), (f), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3, Sec.

14(a), 73 Stat. 10, provided for direct appeals to Supreme Court

from decisions invalidating Acts of Congress.

EFFECTIVE DATE OF REPEAL

Repeal effective ninety days after June 27, 1988, except that

such repeal not to apply to cases pending in Supreme Court on such

effective date or affect right to review or manner of reviewing

judgment or decree of court which was entered into before such

effective date, see section 7 of Pub. L. 100-352, set out as a note

under section 1254 of this title.

-End-

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28 USC Sec. 1253 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1253. Direct appeals from decisions of three-judge courts

-STATUTE-

Except as otherwise provided by law, any party may appeal to the

Supreme Court from an order granting or denying, after notice and

hearing, an interlocutory or permanent injunction in any civil

action, suit or proceeding required by any Act of Congress to be

heard and determined by a district court of three judges.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 928.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 47, 47a, 380 and 380a

(Mar. 3, 1911, ch. 231, Secs. 210, 266, 36 Stat. 1150, 1162; Mar.

4, 1913, ch. 160, 37 Stat. 1013; Oct. 22, 1913, ch. 32, 38, Stat.

220; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 938; Aug. 24, 1937,

ch. 754, Sec. 3, 50 Stat. 752).

This section consolidates the provisions of sections 47, 47a,

380, and 380a of title 28, U.S.C., 1940 ed., relating to direct

appeals from decisions of three-judge courts involving orders of

the Interstate Commerce Commission or holding State or Federal laws

repugnant to the Constitution of the United States.

For distribution of other provisions of the sections on which

this revised section is based, see Distribution Table.

The language in section 380 of title 28, U.S.C., 1940 ed.,

referring to restraining the enforcement or execution of an order

made by an administrative board or a State officer was omitted as

covered by this revised section and section 2281 of this title.

Words in section 380a of title 28, U.S.C., 1940 ed., "This

section shall not be construed to be in derogation of any right of

direct appeal to the Supreme Court of the United States under

existing provisions of law," were omitted as unnecessary.

Section 217 of title 7, U.S.C., 1940 ed., Agriculture, provides

for a three-judge court in proceedings to suspend or restrain the

enforcement of orders of the Secretary of Agriculture under the

Packers and Stockyards Act of 1921.

The final proviso of section 502 of title 33, U.S.C., 1940 ed.,

Navigation and Navigable Waters, for direct appeal in certain

criminal cases for failure to alter bridges obstructing navigation,

is recommended for express repeal in view of its implied repeal by

section 345 of title 28, U.S.C., 1940 ed. (See U.S. v. Belt, 1943,

63 S.Ct. 1278, 319 U.S. 521, 87 L.Ed. 1559. See reviser's note

under section 1252 of this title.)

Section 28 of title 15, U.S.C., 1940 ed., Commerce and Trade, and

section 44 of title 49, U.S.C., 1940 ed., Transportation, are

identical and provide for convening of a three-judge court to hear

and determine civil cases arising under the Sherman anti-trust law

and the Interstate Commerce Act, respectively, wherein the United

States is plaintiff and when the Attorney General deems such cases

of general public importance.

Section 401(d) of title 47, U.S.C., 1940 ed., Telegraphs,

Telephones, and Radiotelegraphs, made the provisions of sections 28

and 29 of title 15, U.S.C., 1940 ed., Commerce and Trade, sections

44 and 45 of title 49, U.S.C., 1940 ed., Transportation, and

section 345(1) of title 28, U.S.C., 1940 ed., relating to

three-judge courts and direct appeals, applicable to orders of the

Federal Communications Commission enforcing the Communications Act

of 1934.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2101 of this title.

-End-

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28 USC Sec. 1254 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1254. Courts of appeals; certiorari; certified questions

-STATUTE-

Cases in the courts of appeals may be reviewed by the Supreme

Court by the following methods:

(1) By writ of certiorari granted upon the petition of any

party to any civil or criminal case, before or after rendition of

judgment or decree;

(2) By certification at any time by a court of appeals of any

question of law in any civil or criminal case as to which

instructions are desired, and upon such certification the Supreme

Court may give binding instructions or require the entire record

to be sent up for decision of the entire matter in controversy.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 928; Pub. L. 100-352, Sec. 2(a),

(b), June 27, 1988, 102 Stat. 662.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 346 and 347 (Mar. 3,

1911, ch. 231, Secs. 239, 240, 36 Stat. 1157; Feb. 13, 1925, ch.

229, Sec. 1, 43 Stat. 938; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat.

54; June 7, 1934, ch. 426, 48 Stat. 926).

Section consolidates sections 346 and 347 of title 28, U.S.C.,

1940 ed.

Words "or in the United States Court of Appeals for the District

of Columbia" and "or of the United States Court of Appeals for the

District of Columbia" in sections 346 and 347 of title 28, U.S.C.,

1940 ed., were omitted. (See section 41 of this title.)

The prefatory words of this section preceding paragraph (1) were

substituted for subsection (c) of said section 347.

The revised section omits the words of section 347 of title 28,

U.S.C., 1940 ed., "and with like effect as if the case had been

brought there with unrestricted appeal", and the words of section

346 of such title "in the same manner as if it had been brought

there by appeal". The effect of subsections (1) and (3) of the

revised section is to preserve existing law and retain the power of

unrestricted review of cases certified or brought up on certiorari.

Only in subsection (2) is review restricted.

Changes were made in phraseology and arrangement.

AMENDMENTS

1988 - Pub. L. 100-352, Sec. 2(b), struck out "appeal;" after

"certiorari;" in section catchline.

Pars. (2), (3). Pub. L. 100-352, Sec. 2(a), redesignated par. (3)

as (2) and struck out former par. (2) which read as follows: "By

appeal by a party relying on a State statute held by a court of

appeals to be invalid as repugnant to the Constitution, treaties or

laws of the United States, but such appeal shall preclude review by

writ of certiorari at the instance of such appellant, and the

review on appeal shall be restricted to the Federal questions

presented;".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7 of Pub. L. 100-352 provided that: "The amendments made

by this Act [amending sections 1254, 1257, 1258, 2101, 2104, and

2350 of this title, section 437h of Title 2, The Congress, section

136w of Title 7, Agriculture, section 1631e of Title 22, Foreign

Relations and Intercourse, section 652 of Title 25, Indians,

section 988 of Title 33, Navigation and Navigable Waters, section

1652 of Title 43, Public Lands, and sections 719, 743, and 1105 of

Title 45, Railroads, and repealing sections 1252 and 2103 of this

title] shall take effect ninety days after the date of the

enactment of this Act [June 27, 1988], except that such amendments

shall not apply to cases pending in the Supreme Court on the

effective date of such amendments or affect the right to review or

the manner of reviewing the judgment or decree of a court which was

entered before such effective date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1334, 1452, 2350 of this

title; title 2 section 437g; title 5 sections 1508, 7123; title 7

sections 136n, 194, 228b-3; title 8 section 1324b; title 11 section

305; title 12 sections 1467a, 1786, 1818, 2266; title 15 sections

21, 29, 45, 57a, 77i, 78aa, 79x, 79y, 80a-42, 80a-43, 80b-13, 687a,

687e, 717r, 1193, 1262, 1474, 1710, 1719, 2060, 2618, 3416; title

16 sections 79l, 825l, 825p; title 20 sections 1070c-3, 1234g,

1412, 1416, 2727, 7217a, 7711, 7884; title 21 sections 346a, 348,

355, 360g, 360kk, 371; title 22 sections 2740, 2851, 3086; title 23

section 131; title 25 sections 4161, 4237; title 26 sections 3310,

7482; title 27 section 204; title 29 sections 160, 210, 660, 667,

2937; title 30 section 816; title 31 section 6717; title 33

sections 520, 988; title 38 sections 1984, 7292; title 40 section

3704; title 42 sections 263a, 263b, 291h, 504, 1316, 1320a-7a,

1320a-8, 2022, 2689l, 3027, 3785, 5311, 5405, 6306, 6869, 8412,

15028; title 45 section 153; title 47 section 402; title 49

sections 1153, 30161, 31141, 32503, 32904, 32909, 46110, 60119.

-End-

-CITE-

28 USC Secs. 1255, 1256 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

[Secs. 1255, 1256. Repealed. Pub. L. 97-164, title I, Sec. 123,

Apr. 2, 1982, 96 Stat. 36]

-MISC1-

Section 1255, act June 25, 1948, ch. 646, 62 Stat. 928,

authorized Supreme Court to review cases in Court of Claims by writ

of certiorari and by certification of questions of law.

Section 1256, act June 25, 1948, ch. 646, 62 Stat. 928,

authorized Supreme Court to review cases in Court of Customs and

Patent Appeals by writ of certiorari.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-

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28 USC Sec. 1257 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1257. State courts; certiorari

-STATUTE-

(a) Final judgments or decrees rendered by the highest court of a

State in which a decision could be had, may be reviewed by the

Supreme Court by writ of certiorari where the validity of a treaty

or statute of the United States is drawn in question or where the

validity of a statute of any State is drawn in question on the

ground of its being repugnant to the Constitution, treaties, or

laws of the United States, or where any title, right, privilege, or

immunity is specially set up or claimed under the Constitution or

the treaties or statutes of, or any commission held or authority

exercised under, the United States.

(b) For the purposes of this section, the term "highest court of

a State" includes the District of Columbia Court of Appeals.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 929; Pub. L. 91-358, title I,

Sec. 172(a)(1), July 29, 1970, 84 Stat. 590; Pub. L. 100-352, Sec.

3, June 27, 1988, 102 Stat. 662.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 344 (Mar. 3, 1911, ch.

231, Secs. 236, 237, 36 Stat. 1156; Dec. 23, 1914, ch. 2, 38 Stat.

790; Sept. 6, 1916, ch. 448, Sec. 2, 39 Stat. 726; Feb. 17, 1922,

ch. 54, 42 Stat. 366; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 937;

Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).

Provisions of section 344 of title 28, U.S.C., 1940 ed., relating

to procedure for review of decisions of State courts are

incorporated in section 2103 of this title. Other provisions of

such section 344 of title 28, U.S.C., 1940 ed., are incorporated in

section 2106 of this title.

The revised section applies in both civil and criminal cases. In

Twitchell v. Philadelphia, 1868, 7 Wall. 321, 19 L.Ed. 223, it was

expressly held that the provisions of section 25 of the Judiciary

Act of 1789, 1 Stat. 85, on which title 28, U.S.C., 1940 ed., Sec.

344, is based, applied to criminal cases, and many other Supreme

Court decisions impliedly involve the same holding inasmuch as the

Court has taken jurisdiction of criminal cases on appeal from State

courts. See, for example, Herndon v. Georgia, 1935, 55 S.Ct. 794,

295 U.S. 441, 79 L.Ed. 1530 and Ashcraft v. Tennessee, 1944, 64

S.Ct. 921, 322 U.S. 143, 88 L.Ed. 1192.

Provision, in section 344(b) of title 28, U.S.C., 1940 ed., for

review and determination on certiorari "with the same power and

authority and with like effect as if brought up by appeal" was

omitted as unnecessary. The scope of review under this section is

unrestricted.

Words "and the power to review under this paragraph may be

exercised as well where the Federal claim is sustained as where it

is denied," in said section 344(b), were omitted as surplusage.

The last sentence in said section 344(b) relating to the right to

relief under both subsections of said section 344, was omitted as

unnecessary.

Changes were made in phraseology.

AMENDMENTS

1988 - Pub. L. 100-352 struck out "appeal;" before "certiorari"

in section catchline and amended text generally. Prior to

amendment, text read as follows: "Final judgments or decrees

rendered by the highest court of a State in which a decision could

be had, may be reviewed by the Supreme Court as follows:

"(1) By appeal, where is drawn in question the validity of a

treaty or statute of the United States and the decision is

against its validity.

"(2) By appeal, where is drawn in question the validity of a

statute of any state on the ground of its being repugnant to the

Constitution, treaties or laws of the United States, and the

decision is in favor of its validity.

"(3) By writ of certiorari, where the validity of a treaty or

statute of the United States is drawn in question or where the

validity of a State statute is drawn in question on the ground of

its being repugnant to the Constitution, treaties or laws of the

United States, or where any title, right, privilege or immunity

is specially set up or claimed under the Constitution, treaties

or statutes of, or commission held or authority exercised under,

the United States.

"For the purposes of this section, the term 'highest court of a

State' includes the District of Columbia Court of Appeals."

1970 - Pub. L. 91-358 provided that for the purposes of this

section, the term "highest court of a State" includes the District

of Columbia Court of Appeals.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 199(a) of title I of Pub. L. 91-358 provided that: "The

effective date of this title (and the amendments made by this

title) [enacting sections 1363, 1451, and 2113 of this title and

amending this section, sections 292 and 1869 of this title, section

5102 of Title 5, Government Organization and Employees, and section

260a of Title 42, The Public Health and Welfare] shall be the first

day of the seventh calendar month which begins after the date of

the enactment of this Act [July 29, 1970]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 3207; title 16

section 2633.

-End-

-CITE-

28 USC Sec. 1258 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1258. Supreme Court of Puerto Rico; certiorari

-STATUTE-

Final judgments or decrees rendered by the Supreme Court of the

Commonwealth of Puerto Rico may be reviewed by the Supreme Court by

writ of certiorari where the validity of a treaty or statute of the

United States is drawn in question or where the validity of a

statute of the Commonwealth of Puerto Rico is drawn in question on

the ground of its being repugnant to the Constitution, treaties, or

laws of the United States, or where any title, right, privilege, or

immunity is specially set up or claimed under the Constitution or

the treaties or statutes of, or any commission held or authority

exercised under, the United States.

-SOURCE-

(Added Pub. L. 87-189, Sec. 1, Aug. 30, 1961, 75 Stat. 417; amended

Pub. L. 100-352, Sec. 4, June 27, 1988, 102 Stat. 662.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-352 struck out "appeal;" before "certiorari"

in section catchline and amended text generally. Prior to

amendment, text read as follows: "Final judgments or decrees

rendered by the Supreme Court of the Commonwealth of Puerto Rico

may be reviewed by the Supreme Court as follows:

"(1) By appeal, where is drawn in question the validity of a

treaty or statute of the United States and the decision is against

its validity.

"(2) By appeal, where is drawn in question the validity of a

statute of the Commonwealth of Puerto Rico on the ground of its

being repugnant to the Constitution, treaties, or laws of the

United States, and the decision is in favor of its validity.

"(3) By writ of certiorari, where the validity of a treaty or

statute of the United States is drawn in question or where the

validity of a statute of the Commonwealth of Puerto Rico is drawn

in question on the ground of its being repugnant to the

Constitution, treaties, or laws of the United States, or where any

title, right, privilege, or immunity is specially set up or claimed

under the Constitution, treaties, or statutes of, or commission

held or authority exercised under, the United States."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 3207; title 16

section 2633.

-End-

-CITE-

28 USC Sec. 1259 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 81 - SUPREME COURT

-HEAD-

Sec. 1259. Court of Appeals for the Armed Forces; certiorari

-STATUTE-

Decisions of the United States Court of Appeals for the Armed

Forces may be reviewed by the Supreme Court by writ of certiorari

in the following cases:

(1) Cases reviewed by the Court of Appeals for the Armed Forces

under section 867(a)(1) of title 10.

(2) Cases certified to the Court of Appeals for the Armed

Forces by the Judge Advocate General under section 867(a)(2) of

title 10.

(3) Cases in which the Court of Appeals for the Armed Forces

granted a petition for review under section 867(a)(3) of title

10.

(4) Cases, other than those described in paragraphs (1), (2),

and (3) of this subsection, in which the Court of Appeals for the

Armed Forces granted relief.

-SOURCE-

(Added Pub. L. 98-209, Sec. 10(a)(1), Dec. 6, 1983, 97 Stat. 1405;

amended Pub. L. 101-189, div. A, title XIII, Sec. 1304(b)(3), Nov.

29, 1989, 103 Stat. 1577; Pub. L. 103-337, div. A, title IX, Sec.

924(d)(1)(C), (2)(A), Oct. 5, 1994, 108 Stat. 2832.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337 substituted "Court of Appeals for the

Armed Forces" for "Court of Military Appeals" in section catchline

and wherever appearing in text.

1989 - Pub. L. 101-189 substituted "section 867(a)(1)" for

"section 867(b)(1)" in par. (1), "section 867(a)(2)" for "section

867(b)(2)" in par. (2), and "section 867(a)(3)" for "section

867(b)(3)" in par. (3).

EFFECTIVE DATE

Section effective on the first day of the eighth calendar month

beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L.

98-209, set out as an Effective Date of 1983 Amendment note under

section 801 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 867a.

-End-