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LegalText 10 U.S.C. § 867a Art. 67a. Review by the Supreme Court us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 867a 10 U.S.C. § 867a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s867a data/legal/raw/us/code/title-10/usc10.xml eaa648cf8fa15e0e43f9cceb2d6da0d3ed29120f23e9590057bde017b2c15f8d 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 b8d0ed6e57ffbbcf62a0f752a3c33abc3a803bced7e291ba10d6a4d1375782a4 2026-07-04 official
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10 U.S.C. § 867a - Art. 67a. Review by the Supreme Court

Text

(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.

(Added Pub. L. 101189, div. A, title XIII, § 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended Pub. L. 103337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114328, div. E, title LIX, § 5332, Dec. 23, 2016, 130 Stat. 2935; Pub. L. 11831, div. A, title V, § 533(a)(2)(A), Dec. 22, 2023, 137 Stat. 261.)

Notes

Editorial Notes

Amendments2023—Subsec. (a). Pub. L. 11831 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). Pub. L. 114328 inserted “United States” before “Court of Appeals” in second sentence. 1994—Subsec. (a). Pub. L. 103337 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 AmendmentPub. L. 11831, div. A, title V, § 533(b), Dec. 22, 2023, 137 Stat. 261, provided that: “(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).”

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.