§ 1258. Supreme Court of Puerto Rico; certiorari

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1961

   Pub. L. 87–189 § 1 · 75 Stat. 417

   Enacted · 28 U.S.C. § 1258

   Added Pub. L. 87–189, § 1, Aug. 30, 1961, 75 Stat. 417

   Source evidence

   Code source credit
   Added Pub. L. 87–189, § 1, Aug. 30, 1961, 75 Stat. 417

2. 1988

   Pub. L. 100–352 § 4 · 102 Stat. 662

   1. Struck · 28 U.S.C. § 1258

      Pub. L. 100–352 struck out “appeal;” before “certiorari” in section catchline

   2. Amended · 28 U.S.C. § 1258

      Pub. L. 100–352 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:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   Sec. 4. review of decisions from supreme court of puerto rico 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 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”.

   Effective date note
   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.

2 of 3 references resolved to an enrolled provision · 1 partial