28 U.S.C. § 1259 — Court of Appeals for the Armed Forces;

Page 354 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1258 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. Editorial Notes AMENDMENTS 1988—Pub. L. 100–352 struck out ‘‘appeal;’’ before ‘‘cer- tiorari’’ in section catchline and amended text gen- erally. 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 va- lidity 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 va- lidity 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 repug- nant 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’’ in- cludes the District of Columbia Court of Appeals. Statutory Notes and Related Subsidiaries 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 1970 AMENDMENT Pub. L. 91–358, title I, § 199(a), July 29, 1970, 84 Stat. 597, 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 sec- tion, 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].’’ § 1258. Supreme Court of Puerto Rico; certiorari 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 ques- tion or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in ques- tion 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. (Added Pub. L. 87–189, § 1, Aug. 30, 1961, 75 Stat. 417; amended Pub. L. 100–352, § 4, June 27, 1988, 102 Stat. 662.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–352 struck out ‘‘appeal;’’ before ‘‘cer- tiorari’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be re- viewed by the Supreme Court as follows: ‘‘(1) By appeal, where is drawn in question the valid- ity 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 valid- ity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the Constitu- tion, treaties, or laws of the United States, and the de- cision 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 ques- tion or where the validity of a statute of the Common- wealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, trea- ties, 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.’’ Statutory Notes and Related Subsidiaries 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. § 1259. Court of Appeals for the Armed Forces; certiorari Decisions of the United States Court of Ap- peals 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 Gen- eral under section 867(a)(2) of title 10. (3) Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under section 867(a)(3) of title 10. (4) Cases, other than those described in para- graphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted or refused to grant relief. (Added Pub. L. 98–209, § 10(a)(1), Dec. 6, 1983, 97 Stat. 1405; amended Pub. L. 101–189, div. A, title XIII, § 1304(b)(3), Nov. 29, 1989, 103 Stat. 1577; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(C), (2)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 118–31, div. A, title V, § 533(a)(1), Dec. 22, 2023, 137 Stat. 261.) Editorial Notes AMENDMENTS 2023—Pars. (3), (4). Pub. L. 118–31 inserted ‘‘or refused to grant’’ after ‘‘granted’’. Page 355 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1291 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). 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 relating to inapplicability to pending decisions and fi- nality of decisions before effective date, see section 533(b) of Pub. L. 118–31, set out as a note under section 867a of Title 10, Armed Forces. EFFECTIVE DATE Section effective on the first day of the eighth cal- endar 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. § 1260. Supreme Court of the Virgin Islands; cer- tiorari Final judgments or decrees rendered by the Supreme Court of the Virgin Islands may be re- viewed by the Supreme Court by writ of certio- rari 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 Virgin Islands is drawn in question on the ground of its being re- pugnant 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 au- thority exercised under, the United States. (Added Pub. L. 112–226, § 2(a), Dec. 28, 2012, 126 Stat. 1606.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–226, § 3, Dec. 28, 2012, 126 Stat. 1607, pro- vided that: ‘‘The amendments made by this Act [enact- ing this section and amending section 1613 of Title 48, Territories and Insular Possessions] apply to cases commenced on or after the date of the enactment of this Act [Dec. 28, 2012].’’ CHAPTER 83—COURTS OF APPEALS Sec. 1291. Final decisions of district courts. 1292. Interlocutory decisions. [1293. Repealed.] 1294. Circuits in which decisions reviewable. 1295. Jurisdiction of the United States Court of Ap- peals for the Federal Circuit. 1296. Review of certain agency actions. Editorial Notes AMENDMENTS 1996—Pub. L. 104–331, § 3(a)(2), Oct. 26, 1996, 110 Stat. 4069, added item 1296. 1984—Pub. L. 98–620, title IV, § 402(29)(C), Nov. 8, 1984, 98 Stat. 3359, struck out item 1296 ‘‘Precedence of cases in the United States Court of Appeals for the Federal Circuit’’. 1982—Pub. L. 97–164, title I, § 127(b), Apr. 2, 1982, 96 Stat. 39, added items 1295 and 1296. 1978—Pub. L. 95–598, title II, § 236(b), Nov. 6, 1978, 92 Stat. 2667, directed the addition of item 1293, ‘‘Bank- ruptcy appeals’’, which amendment did not become ef- fective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1961—Pub. L. 87–189, § 4, Aug. 30, 1961, 75 Stat. 417, struck out item 1293 ‘‘Final decisions of Puerto Rico and Hawaii Supreme Courts’’. § 1291. Final decisions of district courts The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Is- lands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction de- scribed in sections 1292(c) and (d) and 1295 of this title. (June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, § 48, 65 Stat. 726; Pub. L. 85–508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 97–164, title I, § 124, Apr. 2, 1982, 96 Stat. 36.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 225(a), 933(a)(1), and section 1356 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and sections 61 and 62 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, § 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Jan. 28, 1915, ch. 22, § 2, 38 Stat. 804; Feb. 7, 1925, ch. 150, 43 Stat. 813; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 936; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, § 3, 47 Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; June 20, 1938, ch. 526, 52 Stat. 779; Aug. 2, 1946, ch. 753, § 412(a)(1), 60 Stat. 844). This section rephrases and simplifies paragraphs ‘‘First’’, ‘‘Second’’, and ‘‘Third’’ of section 225(a) of title 28, U.S.C., 1940 ed., which referred to each Terri- tory and Possession separately, and to sections 61 and 62 of the Canal Zone Code, section 933(a)(1) of said title relating to jurisdiction of appeals in tort claims cases, and the provisions of section 1356 of title 48, U.S.C., 1940 ed., relating to jurisdiction of appeals from final judg- ments of the district court for the Canal Zone. The district courts for the districts of Hawaii and Puerto Rico are embraced in the term ‘‘district courts of the United States.’’ (See definitive section 451 of this title.) Paragraph ‘‘Fourth’’ of section 225(a) of title 28, U.S.C., 1940 ed., is incorporated in section 1293 of this title. Words ‘‘Fifth. In the United States Court for China, in all cases’’ in said section 225(a) were omitted. (See reviser’s note under section 411 of this title.) Venue provisions of section 1356 of title 48, U.S.C., 1940 ed., are incorporated in section 1295 of this title. Section 61 of title 7 of the Canal Zone Code is also in- corporated in sections 1291 and 1295 of this title. In addition to the jurisdiction conferred by this chap- ter, the courts of appeals also have appellate jurisdic- tion in proceedings under Title 11, Bankruptcy, and ju- risdiction to review: (1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter 8 of title 27;