-CITE-
    28 USC CHAPTER 81 - SUPREME COURT                           01/03/2007

-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      Repealed.]                                            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 Repealed.]                                           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."

-End-



-CITE-
    28 USC Sec. 1251                                            01/03/2007

-EXPCITE-
    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-



-CITE-
    28 USC Sec. 1252                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART IV - JURISDICTION AND VENUE
    CHAPTER 81 - SUPREME COURT

-HEAD-
    Sec. 1252. Repealed.

-MISC1-
    [Sec. 1252. Repealed. Pub. L. 100-352, Sec. 1, June 27, 1988, 102
      Stat. 662].
      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-



-CITE-
    28 USC Sec. 1253                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    28 USC Sec. 1254                                            01/03/2007

-EXPCITE-
    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."

-End-



-CITE-
    28 USC Secs. 1255, 1256                                     01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART IV - JURISDICTION AND VENUE
    CHAPTER 81 - SUPREME COURT

-HEAD-
    Secs. 1255, 1256. Repealed.

-MISC1-
    [Secs. 1255, 1256. Repealed. Pub. L. 97-164, title I, Sec. 123,
      Apr. 2, 1982, 96 Stat. 36].
      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-



-CITE-
    28 USC Sec. 1257                                            01/03/2007

-EXPCITE-
    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]."

-End-



-CITE-
    28 USC Sec. 1258                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    28 USC Sec. 1259                                            01/03/2007

-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.

-End-