Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1259 Court of Appeals for the Armed Forces; certiorari
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 81— - SUPREME COURT › § 1259
Summary
The Supreme Court may choose to review decisions from the Court of Appeals for the Armed Forces. That can happen for cases the court decided under 10 U.S.C. 867(a)(1), cases sent there by the Judge Advocate General under 10 U.S.C. 867(a)(2), cases where the court chose to grant or refuse review under 10 U.S.C. 867(a)(3), and other cases where the court granted or denied relief.
Full Legal Text
Title 28, §1259
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases:
(1)Cases reviewed by the Court of Appeals for the Armed Forces under section 867(a)(1) of title 10.
(2)Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under section 867(a)(2) of title 10.
(3)Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under section 867(a)(3) of title 10.
(4)Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted or refused to grant relief.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2023—Pars. (3), (4). Pub. L. 118–31 inserted “or refused to grant” after “granted”. 1994—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. 1989—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).
Statutory Notes and Related Subsidiaries
Effective Date
of 2023 AmendmentAmendment 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.
Effective Date
Section effective on the first day of the eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as an
Effective Date
of 1983 Amendment note under section 801 of Title 10, Armed Forces.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1259
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73