§ 1259. Court of Appeals for the Armed Forces; 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. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 10(a)(1) · 97 Stat. 1393

   Enacted · 28 U.S.C. § 1259

   Added Pub. L. 98–209, § 10(a)(1), Dec. 6, 1983, 97 Stat. 1405

   Source evidence

   Code source credit
   Added Pub. L. 98–209, § 10(a)(1), Dec. 6, 1983, 97 Stat. 1405

   Enacted provision · exact public law section
   (1) Chapter 81 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 1259. Court of Military Appeals; certiorari “Decisions of the United States Court of Military Appeals may be reviewed by the Supreme Court by writ of certiorari in the following cases: “(1) 10 USC 867. Cases reviewed by the Court of Military Appeals under section 867(b)(1) of title 10. “(2) Cases certified to the Court of Military Appeals by the Judge Advocate General under section 867(b)(2) of title 10. “(3) Cases in which the Court of Military Appeals granted a petition for review under section 867(b)(3) of title 10. “(4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Military Appeals granted relief.”.

2. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XIII § 1304(b)(3) · 103 Stat. 1352

   1. Substituted · 28 U.S.C. § 1259

      Pub. L. 101–189 substituted “section 867(a)(1)” for “section 867(b)(1)” in par. (3)

   2. Substituted · 28 U.S.C. § 1259

      Pub. L. 101–189 substituted “section 867(a)(2)” for “section 867(b)(2)” in par. (3)

   3. Substituted · 28 U.S.C. § 1259

      Pub. L. 101–189 substituted “section 867(a)(3)” for “section 867(b)(3)” in par. (3)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (3) Section 1259 of title 28, United States Code, is amended by striking out “section 867(b)(l)”, “section 867(b)(2)”, and “section 867(b)(3)” and inserting in lieu thereof “section 867(a)(1)”, “section 867(a)(2)”, and “section 867(a)(3)”, respectively.

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title IX § 924(d)(1)(C) · 108 Stat. 2663

   Substituted · 28 U.S.C. § 1259

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (C) In title 28, sections 1259 and 2101(g).

4. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 div. A title V § 533(a)(1) · 137 Stat. 136

   Inserted · 28 U.S.C. § 1259(3); 28 U.S.C. § 1259(4)

   Pub. L. 118–31 inserted “or refused to grant” after “granted”

   Source evidence

   Code amendment note
   Pars. (3), (4). Pub. L. 118–31 inserted “or refused to grant” after “granted”.

   Enacted provision · exact public law section
   (1) In general.— Section 1259 of title 28, United States Code, is amended— (A) in paragraph (3), by inserting “or refused to grant” after “granted”; and (B) in paragraph (4), by inserting “or refused to grant” after “granted”.

   Effective date note
   Amendment by Pub. L. 118–31(a) effective on the date that is one year after Dec. 22, 2023, and applicable with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after Dec. 22, 2023, with provisions relating to inapplicability to pending decisions and finality of decisions before effective date, see section 533(b) of Pub. L. 118–31, set out as a note under section 867a of Title 10, Armed Forces.

6 of 6 references resolved to an enrolled provision