28 U.S.C. § 1257 — State courts; certiorari
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 134 words · no verdicts yet
The Supreme Court may review by certiorari a final judgment or decree from a State’s highest court when the case presents one of the specified federal treaty, statute, constitutional, title, right, privilege, or immunity questions. For this section, the District of Columbia Court of Appeals is included in “highest court of a State.”
(a) The Supreme Court may review by writ of certiorari a final judgment or decree from the highest court of a State in which a decision could be had when: the validity of a United States treaty or statute is questioned; the validity of a State statute is questioned because it conflicts with the Constitution, treaties, or laws of the United States; or a title, right, privilege, or immunity under the Constitution, treaties, or statutes of the United States, or under a United States commission or authority exercised under the United States, is specially claimed. (b) For this section, “highest court of a State” includes the District* of Columbia Court of Appeals.
Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
For the purposes of this section, the term “highest court of a State” includes the District* of Columbia Court of Appeals.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 929; Pub. L. 91–358, title I, § 172(a)(1), July 29, 1970, 84 Stat. 590; Pub. L. 100–352, § 3, June 27, 1988, 102 Stat. 662.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 929
- 1970Amended · Pub. L. 91-358 · 84 Stat. 590
- 1988Amended · Pub. L. 100-352 · 102 Stat. 662
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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