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28 U.S.C. § 1257 — State courts; certiorari
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 28, Chapter 81, § 1257; chapter-081-supreme-court.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(2) “employee” means an individual employed in or under an agency;
(3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) “class” or “class of positions” includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
**(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 646, 62 Stat. 962; Sept. 19, 1962, Pub. L. 87–669, § 1, 76 Stat. 556, provided that appeal from State court or from a United States court of appeals improvidently taken be regarded as petition for writ of certiorari.
#### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “State court” includes the Superior Court of the District of Columbia.
(2) The term “State” includes the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
**(a)** “clerk” and “clerk of the court” shall mean the clerk of the district court of the United States, any authorized deputy clerk, and any other person authorized by the court to assist the clerk in the performance of functions under this chapter;
**(b)** “chief judge” shall mean the chief judge of any district court of the United States;
**(c)** “voter registration lists” shall mean the official records maintained by State or local election officials of persons registered to vote in either the most recent State or the most recent Federal general election, or, in the case of a State or political subdivision thereof that does not require registration as a prerequisite to voting, other official lists of persons qualified to vote in such election. The term shall also include the list of eligible voters maintained by any Federal examiner pursuant to the Voting Rights Act of 1965 where the names on such list have not been included on the official registration lists or other official lists maintained by the appropriate State or local officials. With respect to the districts of Guam and the Virgin Islands, “voter registration lists” shall mean the official records maintained by territorial election officials of persons registered to vote in the most recent territorial general election;
**(d)** “lists of actual voters” shall mean the official lists of persons actually voting in either the most recent State or the most recent Federal general election;
**(e)** “division” shall mean: (1) one or more statutory divisions of a judicial district; or (2) in statutory divisions that contain more than one place of holding court, or in judicial districts where there are no statutory divisions, such counties, parishes, or similar political subdivision
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the terms “State court”, “State courts”, and “highest court of a State” include the District of Columbia Court of Appeals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit.
**(b)** The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.
**(c)** The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11–908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia.
**(d)** The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.
**(e)** The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court.
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Federal law — U.S. Code and appendices · legal_authorities
Page 353
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1257
§ 1254. Courts of appeals; certiorari; certified
questions
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 pe-
tition 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 de-
sired, 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.
(June 25, 1948, ch. 646, 62 Stat. 928; Pub. L.
100–352, § 2(a), (b), June 27, 1988, 102 Stat. 662.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 346 and 347 (Mar.
3, 1911, ch. 231, §§ 239, 240, 36 Stat. 1157; Feb. 13, 1925, ch.
229, § 1, 43 Stat. 938; Jan. 31, 1928, ch. 14, § 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 sec-
tions 346 and 347 of title 28, U.S.C., 1940 ed., were omit-
ted. (See section 41 of this title.)
The prefatory words of this section preceding para-
graph (1) were substituted for subsection (c) of said sec-
tion 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
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