A bill to improve the administration of justice by providing greater discretion to the Supreme Court in selecting the cases it will review, and for other purposes.
PL 100-352 (S.952), enacted 06/27/1988

102 STAT. 662 
PUBLIC LAW 100-352--JUNE 27,1988 
Public Law 100-352 
100th Congress 
An Act 
June 27, 1988 
To improve the administration of justice by providing greater discretion to the 
[S. 952] 
Supreme Court in selecting the cases it will review, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
SECTION 1. Section 1262 of title 28, United States Code, and the 
item relating to that section in the section analysis of chapter 81 of 
such title, are repealed. 
REVIEW OP DECISIONS INVAUDATING STATE STATUTES 
SEC. 2. (a) Section 1254 of title 28, United States Code, is amended 
by striking out paragraph (2) and redesignating paragraph (3) as 
paragraph (2). 
(b) The section heading for section 1254 of such title is amended by 
striking out "appeal;". 
(c) The item relating to section 1254 in the section analysis of 
chapter 81 of title 28, United States Code, is amended by striking out 
"appeal;". 
REVIEW OF STATE COURT DECISIONS INVOLVING VAUDITY OP STATUTES 
SEC. 3. Section 1257 of title 28, United States Code, is amended to 
read as follows: 
"§ 1257. State courts; certiorari 
"(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.". 
REVIEW OP DECISIONS PROM SUPREME COURT OP PUERTO RICO 
SEC. 4. Section 1258 of title 28, United States Code, is amended to 
read as follows: 
"§ 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 question or where the validity of a 
statute of the Commonwealth of Puerto Rico is drawn in question on 
PUBLIC LAW 100-352—JUNE 27, 1988 
' 
102 STAT. 663 
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 anv commission held or authority 
exercised under, the United States.'. 
CONFORMING AMENDMENTS 
SEC. 5. (a) The items relating to sections 1257 and 1258 in the 
section analysis of chapter 81 of title 28, United States Code, are 
amended to read as follows: 
"1257. State courts; certiorari. 
"1258. Supreme Court of Puerto Rico; certiorari.". 
(b) Section 2101(a) of title 28, United States Code, is amended by 
striking out "sections 1252, 1253 and 2282" and inserting in lieu 
thereof "section 1253". 
(c) Section 2103 of title 28, United States Code, and the item 
relating to such section in the table of sections for chapter 133 of 
such title are repealed. 
(d)(1) Section 2104 of title 28, United States Code, is amended to 
read as follows: 
"§ 2104. Reviews of State court decisions 
"A review by the Supreme CJourt of a judgment or decree of a 
State court shall be conducted in the same manner and under the 
same regulations, and shall have the same effect, as if the judgment 
or decree reviewed had been rendered in a court of the United 
States.". 
(2) The item relating to section 2104 in the section analysis of 
chapter 133 of title 28, United States Code, is amended to read as 
follows: 
"2104. Reviews of State court decisions.". 
(e) Section 2350(b) of title 28, United States Code, is amended by 
striking out "1254(3)" and inserting in lieu thereof "1254(2)". 
AMENDMENTS TO OTHER LAWS 
SEC. 6. (a) Section 310 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 437h) is amended by repealing subsection (b), and by 
striking out "(a)" before "The Commission". 
(b) Section 2 of the Act of May 18,1928 (25 U.S.C. 652), is amended 
by striking out ", with the right of either party to appeal to the 
United States Court of Appeals for the Federal Circuit". 
(c) The last sentence of section 203(d) of the Trans-Alaska Pipeline 
Authorization Act (43 U.S.C. 1652(d)) is amended to read as follows: 
"An interlocutory or final judgment, decree, or order of such district 
court may be reviewed only upon petition for a writ of certiorari to 
the Supreme Court of the United States.". 
(d) Section 209(eX3) of the Regional Rail Reorganization Act of 
1973 (45 U.S.C. 719(eX3)) is amended— 
(1) in the first sentence by striking out ", except that" and all 
that follows through the end of the sentence and inserting in 
lieu thereof a period; and 
(2) in the second sentence by striking out "petition or appeal 
shall be filed" and inserting in lieu thereof "such petition shall 
be filed in the Supreme Court". 
102 STAT. 664 
PUBLIC LAW 100-352—JUNE 27, 1988 
(e) Section 303(d) of the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 743(d)) is amended to read as follows: 
"(d) REVIEW.—A finding or determination entered by the special 
court pursuant to subsection (c) of this section or section 306 of this 
title shall be reviewable only upon petition for a writ of certiorari to 
the Supreme Court of the United States. Such review is exclusive 
and any such petition shall be filed in the Supreme C!ourt not more 
than 20 days after entry of such finding or determination.". 
(f) Section 11520t)) of the Omnibus Budget Reconciliation Act of 
1981 (45 U.S.C. 1105(b)) is amended— 
(1) in the first sentence by striking out ", except that" and all 
that follows through the end of the sentence and inserting in 
lieu thereof a period; and 
(2) in the second sentence by striking out "petition or appeal 
shall be filed" and inserting in lieu thereof "such petition shall 
be filed in the Supreme Court". 
(g) Section 206 of the International Claims Settlement Act of 1949 
(22 U.S.C. 1631e) is amended by striking out "sections 1252, 1254, 
1291, and 1292" and inserting in lieu thereof "chapter 83". 
(h) Section 12(a) of the Act of May 13, 1954, commonly known as 
the Saint Lawrence Seaway Act (33 U.S.C. 988(a)), is amended by 
striking out "1254(3)" and inserting in lieu thereof "1254(2)". 
(i) Section 25(aX4) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w(a)(4)) is amended by— 
(1) repealing clause (ii) of subparagraph (E); and 
(2) striking out the following: 
"(E) JUDICIAL REVIEW.— 
"(i) Any", and inserting in lieu thereof the following: 
"(E) JUDICIAL REVIEW.—Any". 
EFFECTIVE DATE 
28 use 
SEC. 7. The amendments made by this Act shall take effect ninety 
1254 note. 
days after the date of the enactment of this Act, 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. 
Approved June 27, 1988. 
LEGISLATIVE HISTORY—S. 952: 
HOUSE REPORTS: No. 100-660 (Comm. on the Judiciary). 
SENATE REPORTS: No. 100-300 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 18, considered and passed Senate. 
June 7, considered and p£issed House.