Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1)By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2)By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Section consolidates sections
347 of title
28, U.S.C., 1940 ed.
Words “or in the United States Court of Appeals for the District of Columbia” and “or of the United States Court of Appeals for the District of Columbia” in sections
347 of title
28, U.S.C., 1940 ed., were omitted. (See section
41 of this title.)
The prefatory words of this section preceding paragraph (1) were substituted for subsection (c) of said section
The revised section omits the words of section
347 of title
28, U.S.C., 1940 ed., “and with like effect as if the case had been brought there with unrestricted appeal”, and the words of section 346 of such title “in the same manner as if it had been brought there by appeal”. The effect of subsections (1) and (3) of the revised section is to preserve existing law and retain the power of unrestricted review of cases certified or brought up on certiorari. Only in subsection (2) is review restricted.
Changes were made in phraseology and arrangement.
1988—Pub. L. 100–352, § 2(b), struck out “appeal;” after “certiorari;” in section catchline.
Pars. (2), (3). Pub. L. 100–352, § 2(a), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “By appeal by a party relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States, but such appeal shall preclude review by writ of certiorari at the instance of such appellant, and the review on appeal shall be restricted to the Federal questions presented;”.
Effective Date of 1988 Amendment
Section 7 ofPub. L. 100–352provided that: “The amendments made by this Act [amending sections
2350 of this title, section
437h of Title
2, The Congress, section
136w of Title
7, Agriculture, section
1631e of Title
22, Foreign Relations and Intercourse, section
652 of Title
25, Indians, section
988 of Title
33, Navigation and Navigable Waters, section
1652 of Title
43, Public Lands, and sections
1105 of Title
45, Railroads, and repealing sections
2103 of this title] shall take effect ninety days after the date of the enactment of this Act [June 27, 1988], except that such amendments shall not apply to cases pending in the Supreme Court on the effective date of such amendments or affect the right to review or the manner of reviewing the judgment or decree of a court which was entered before such effective date.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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