28 U.S.C. § 1258 — Supreme Court of Puerto Rico; certiorari

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’’.