Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 133 — Review—Miscellaneous Provisions
§ 2104. Reviews of State court decisions
Statutory text
A review by the Supreme Court 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.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2104
June 25, 1948, ch. 646, 62 Stat. 962
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 962Pub. L. 100–352 § 5(d)(1) · 102 Stat. 662
Substituted · 28 U.S.C. § 2104
Pub. L. 100–352 substituted “Reviews of State court decisions” for “Appeals from State courts” in section catchline
Amended · 28 U.S.C. § 2104
Pub. L. 100–352 amended text generally. Prior to amendment, text read as follows: “An appeal to the Supreme Court from a State court shall be taken in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree appealed from had been rendered in a court of the United States.”
Source evidence
Code amendment note
Pub. L. 100–352 substituted “Reviews of State court decisions” for “Appeals from State courts” in section catchline and amended text generally. Prior to amendment, text read as follows: “An appeal to the Supreme Court from a State court shall be taken in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree appealed from had been rendered in a court of the United States.”Enacted provision · exact public law section
(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 Court 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.”.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
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 871 (R.S., § 1003).
Words “An appeal to” were substituted for “writs of error from”, in view of the abolition of the writ of error.
Changes were made in phraseology.
Editorial Notes
Amendments
1988—Pub. L. 100–352 substituted “Reviews of State court decisions” for “Appeals from State courts” in section catchline and amended text generally. Prior to amendment, text read as follows: “An appeal to the Supreme Court from a State court shall be taken in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree appealed from had been rendered in a court of the United States.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–352 effective ninety days after , 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.
Credits
1948–1988 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 962
- 1988Pub. L. 100–352, § 5(d)(1), , 102 Stat. 663.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 962; Pub. L. 100–352, § 5(d)(1), , 102 Stat. 663.)