28 USC § 1259 - Court of Appeals for the Armed Forces; certiorari

---
identifier: "/us/usc/t28/s1259"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1259 - Court of Appeals for the Armed Forces; certiorari"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1259"
section_name: "Court of Appeals for the Armed Forces; certiorari"
chapter_number: 81
chapter_name: "SUPREME COURT"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 98–209, § 10(a)(1), Dec. 6, 1983, 97 Stat. 1405; amended Pub. L. 101–189, div. A, title XIII, § 1304(b)(3), Nov. 29, 1989, 103 Stat. 1577; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(C), (2)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 118–31, div. A, title V, § 533(a)(1), Dec. 22, 2023, 137 Stat. 261.)"
---


# § 1259. Court of Appeals for the Armed Forces; certiorari

Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases:

**(1)** Cases reviewed by the Court of Appeals for the Armed Forces under section 867(a)(1) of title 10.

**(2)** Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under section 867(a)(2) of title 10.

**(3)** Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under section 867(a)(3) of title 10.

**(4)** Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted or refused to grant relief.

---

**Source Credit**: (Added Pub. L. 98–209, § 10(a)(1), Dec. 6, 1983, 97 Stat. 1405; amended Pub. L. 101–189, div. A, title XIII, § 1304(b)(3), Nov. 29, 1989, 103 Stat. 1577; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(C), (2)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 118–31, div. A, title V, § 533(a)(1), Dec. 22, 2023, 137 Stat. 261.)

## Editorial Notes

### Amendments

2023—Pars. (3), (4).  inserted “or refused to grant” after “granted”.

1994— substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in section catchline and wherever appearing in text.

1989— substituted “section 867(a)(1)” for “section 867(b)(1)” in par. (1), “section 867(a)(2)” for “section 867(b)(2)” in par. (2), and “section 867(a)(3)” for “section 867(b)(3)” in par. (3).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2023 Amendment

Amendment by (a) effective on the date that is one year after , and applicable 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 , with provisions relating to inapplicability to pending decisions and finality of decisions before effective date, see , set out as a note under , Armed Forces.

### Effective Date

Section effective on the first day of the eighth calendar month beginning after , see , set out as an Effective Date of 1983 Amendment note under , Armed Forces.