10 U.S.C. § 867a | Art. 67a. Review by the Supreme Court

(a)

section 1259 of title 28 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 .

(b)

section 1915(a) of title 28 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 .

Pub. L. 101–189, div. A, title XIII, § 1301(b)Nov. 29, 1989103 Stat. 1569 Pub. L. 103–337, div. A, title IX, § 924(c)(1)Oct. 5, 1994108 Stat. 2831 Pub. L. 114–328, div. E, title LIX, § 5332Dec. 23, 2016130 Stat. 2935 Pub. L. 118–31, div. A, title V, § 533(a)(2)(A)Dec. 22, 2023137 Stat. 261(Added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–312023—Subsec. (a). 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.”

Pub. L. 114–3282016—Subsec. (a). inserted “United States” before “Court of Appeals” in second sentence.

Pub. L. 103–3371994—Subsec. (a). 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, 2023137 Stat. 261

“(1)

In general .—

Dec. 22, 2023The amendments made by subsection (a) [amending this section and sections 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 [] 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 .—

section 2101(g) of title 28The Supreme Court shall prescribe rules to carry out , United States Code, as amended by subsection (a)(2)(B) of this section, by not later than the effective date specified in paragraph (1).”

, , , provided that:

Effective Date of 2016 Amendment

Pub. L. 114–328Jan. 1, 2019section 5542 of Pub. L. 114–328 section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .