Title 10 — Armed ForcesRelease 119-73
§867a Art. 67a. Review by the Supreme Court
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER IX— - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 867a
Summary
The Supreme Court can review decisions from the U.S. Court of Appeals for the Armed Forces by asking for a writ of certiorari under 28 U.S.C. 1259. A person accused may seek that review without paying fees or posting security and without filing the affidavit required by 28 U.S.C. 1915(a).
Full Legal Text
Title 10, §867a
Armed Forces — Source: USLM XML via OLRC
(a)Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in section 1259 of title 28.
(b)The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2023—Subsec. (a). Pub. L. 118–31 struck out at end “The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review.” 2016—Subsec. (a). Pub. L. 114–328 inserted “United States” before “Court of Appeals” in second sentence. 1994—Subsec. (a). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in two places.
Statutory Notes and Related Subsidiaries
Effective Date
of 2023 Amendment Pub. L. 118–31, div. A, title V, § 533(b), Dec. 22, 2023, 137 Stat. 261, provided that: “(1) In general.—The
Amendments
made by subsection (a) [amending this section and section 1259 and 2101 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 22, 2023] and shall apply 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 such
Effective Date
. “(2) Inapplicability to pending decisions.—With respect to a petition submitted to the United States Court of Appeals for the Armed Forces before the
Effective Date
specified in paragraph (1) and on which the Court has not taken action as of such date, the provisions of the United States Code amended by subsection (a) shall apply as if such
Amendments
had not been enacted. Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant such a petition is final and conclusive. “(3) Finality of decisions before
Effective Date
.—Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review before the
Effective Date
specified in paragraph (1) is final and conclusive. “(4) Rules required.—The Supreme Court shall prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by subsection (a)(2)(B) of this section, by not later than the
Effective Date
specified in paragraph (1).”
Effective Date
of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing
Regulations
and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 867a
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73