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28 USC § 2104 - Reviews of State court decisions

---
identifier: "/us/usc/t28/s2104"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2104 - Reviews of State court decisions"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2104"
section_name: "Reviews of State court decisions"
chapter_number: 133
chapter_name: "REVIEW—MISCELLANEOUS PROVISIONS"
part_number: "V"
part_name: "PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 962; Pub. L. 100–352, § 5(d)(1), June 27, 1988, 102 Stat. 663.)"
---

# § 2104. Reviews of State court decisions

A review by the Supreme Court of a judgment or decree of a State court shall be conducted in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree reviewed had been rendered in a court of the United States.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 962; Pub. L. 100–352, § 5(d)(1), June 27, 1988, 102 Stat. 663.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 871 (R.S., § 1003).

Words “An appeal to” were substituted for “writs of error from”, in view of the abolition of the writ of error.

Changes were made in phraseology.

## Editorial Notes

### Amendments

1988— substituted “Reviews of State court decisions” for “Appeals from State courts” in section catchline and amended text generally. Prior to amendment, text read as follows: “An appeal to the Supreme Court from a State court shall be taken in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree appealed from had been rendered in a court of the United States.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by  effective ninety days after , except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see , set out as a note under .