I 
117TH CONGRESS 
1ST SESSION H. R. 4790 
To amend titles 10 and 28, United States Code, to allow for certiorari 
review of certain cases denied relief or review by the United States 
Court of Appeals for the Armed Forces. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. GOHMERT (for himself and Mr. GOSAR) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend titles 10 and 28, United States Code, to allow 
for certiorari review of certain cases denied relief or 
review by the United States Court of Appeals for the 
Armed Forces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Service Member 
SCOTUS Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Article III, section 1 of the Constitution of 
the United States establishes the Supreme Court of 
the United States. The Constitution states that the 
Supreme Court has both original and appellate juris-
dictions. 
(2) The best-known power of the Supreme 
Court is judicial review, or the ability of the Court 
to declare a legislative or executive act in violation 
of the Constitution. 
(3) Members of the Armed Forces are typically 
denied certiorari review if the United States Court 
of Appeals for the Armed Forces refuses to grant a 
petition for review. Thus, the ability to seek justice 
with respect to the rulings of courts-martial has 
been stunted due to an arbitrary and capricious rule. 
(4) Furthermore, detainees at United States 
Naval Station, Guantanamo Bay, Cuba are granted 
unfettered discretionary access to the Supreme 
Court under writs of certiorari as displayed under 
Rasul v. Bush and Al Odah v. United States. 
(5) Considering the aforementioned cases and 
in the interest of justice and accountability, this Act 
modifies the Uniform Code of Military Justice and 
section 1259 of title 28, United States Code, to 
allow for certiorari review of certain cases denied re-
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United States Code, is amended to read as fol-
lows: 
‘‘(g) The time for application for a writ of certiorari 
to review a decision of the United States Court of Appeals 
for the Armed Forces, or the decision of a Court of Crimi-
nal Appeals that the United States Court of Appeals for 
the Armed Forces refuses to grant a petition to review, 
shall be as prescribed by rules of the Supreme Court.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall take ef-
fect upon the expiration of the 180-day period begin-
ning on the date of the enactment of this Act and 
shall apply to any petition granted or denied by the 
United States Court of Appeals for the Armed 
Forces on or after that effective date. 
(2) AUTHORITY
TO
PRESCRIBE
RULES.—The 
authority of the Supreme Court to prescribe rules to 
carry out section 2101(g) of title 28, United States 
Code, as amended by subsection (a)(2)(B) of this 
Act, shall take effect on the date of the enactment 
of this Act. 
Æ 
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