10 USC § 867a - Art. 67a. Review by the Supreme Court

---
identifier: "/us/usc/t10/s867a"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 867a - Art. 67a. Review by the Supreme Court"
title_number: 10
title_name: "ARMED FORCES"
section_number: "867a"
section_name: "Art. 67a. Review by the Supreme Court"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "IX"
subchapter_name: "POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 101–189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 118–31, div. A, title V, § 533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.)"
---


# § 867a. Art. 67a. Review by the Supreme Court

**(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.

---

**Source Credit**: (Added Pub. L. 101–189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 118–31, div. A, title V, § 533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.)

## Editorial Notes

### Amendments

2023—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.”

2016—Subsec. (a).  inserted “United States” before “Court of Appeals” in second sentence.

1994—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

> **“(1)** **In general.—** The 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 [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).”

, , , provided that:

### Effective Date of 2016 Amendment

Amendment 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 .