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28 U.S.C. § 2106 — Determination
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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Source location: Title 28, Chapter 133, § 2106; chapter-133-review-miscellaneous-provisions.md
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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
**(a)** The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
**(b)** An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 510
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2102
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2023 AMENDMENT
Amendment by Pub. L. 118–31(a) effective on the date
that is one year after Dec. 22, 2023, and applicable with
respect to any action of the United States Court of Ap-
peals for the Armed Forces in granting or refusing to
grant a petition for review submitted to such Court for
the first time on or after Dec. 22, 2023, with provisions
for inapplicability to pending decisions, finality of de-
cisions before effective date, and requiring Supreme
Court to prescribe rules to carry out subsection (g) of
this section by the effective date specified, see section
533(b) of Pub. L. 118–31, set out as a note under section
867a of Title 10, Armed Forces.
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 effec-
tive date or affect right to review or manner of review-
ing judgment or decree of court which was entered be-
fore 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 1983 AMENDMENT
Amendment by Pub. L. 98–209 effective on first day of
eighth calendar month beginning after Dec. 6, 1983, see
section 12(a)(1) of Pub. L. 98–209, set out as a note under
section 801 of Title 10, Armed Forces.
§ 2102. Priority of criminal case on appeal from
State court
Criminal cases on review from State courts
shall have priority, on the docket of the Su-
preme Court, over all cases except cases to
which the United States is a party and such
other cases as the court may decide to be of pub-
lic importance.
(June 25, 1948, ch. 646, 62
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