§ 1257. — State courts; certiorari.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1257]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 81--SUPREME COURT
Sec. 1257. State courts; certiorari
(a) Final judgments or decrees rendered by the highest court of a
State in which a decision could be had, may be reviewed by the Supreme
Court by writ of certiorari where the validity of a treaty or statute of
the United States is drawn in question or where the validity of a
statute of any State is drawn in question on the ground of its being
repugnant to the Constitution, treaties, or laws of the United States,
or where any title, right, privilege, or immunity is specially set up or
claimed under the Constitution or the treaties or statutes of, or any
commission held or authority exercised under, the United States.
(b) For the purposes of this section, the term ``highest court of a
State'' includes the District of Columbia Court of Appeals.
(June 25, 1948, ch. 646, 62 Stat. 929; Pub. L. 91-358, title I,
Sec. 172(a)(1), July 29, 1970, 84 Stat. 590; Pub. L. 100-352, Sec. 3,
June 27, 1988, 102 Stat. 662.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 344 (Mar. 3, 1911, ch.
231, Secs. 236, 237, 36 Stat. 1156; Dec. 23, 1914, ch. 2, 38 Stat. 790;
Sept. 6, 1916, ch. 448, Sec. 2, 39 Stat. 726; Feb. 17, 1922, ch. 54, 42
Stat. 366; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 937; Jan. 31, 1928,
ch. 14, Sec. 1, 45 Stat. 54).
Provisions of section 344 of title 28, U.S.C., 1940 ed., relating to
procedure for review of decisions of State courts are incorporated in
section 2103 of this title. Other provisions of such section 344 of
title 28, U.S.C., 1940 ed., are incorporated in section 2106 of this
title.
The revised section applies in both civil and criminal cases. In
Twitchell v. Philadelphia, 1868, 7 Wall. 321, 19 L.Ed. 223, it was
expressly held that the provisions of section 25 of the Judiciary Act of
1789, 1 Stat. 85, on which title 28, U.S.C., 1940 ed., Sec. 344, is
based, applied to criminal cases, and many other Supreme Court decisions
impliedly involve the same holding inasmuch as the Court has taken
jurisdiction of criminal cases on appeal from State courts. See, for
example, Herndon v. Georgia, 1935, 55 S.Ct. 794, 295 U.S. 441, 79 L.Ed.
1530 and Ashcraft v. Tennessee, 1944, 64 S.Ct. 921, 322 U.S. 143, 88
L.Ed. 1192.
Provision, in section 344(b) of title 28, U.S.C., 1940 ed., for
review and determination on certiorari ``with the same power and
authority and with like effect as if brought up by appeal'' was omitted
as unnecessary. The scope of review under this section is unrestricted.
Words ``and the power to review under this paragraph may be
exercised as well where the Federal claim is sustained as where it is
denied,'' in said section 344(b), were omitted as surplusage.
The last sentence in said section 344(b) relating to the right to
relief under both subsections of said section 344, was omitted as
unnecessary.
Changes were made in phraseology.
Amendments
1988--Pub. L. 100-352 struck out ``appeal;'' before ``certiorari''
in section catchline and amended text generally. Prior to amendment,
text read as follows: ``Final judgments or decrees rendered by the
highest court of a State in which a decision could be had, may be
reviewed by the Supreme Court as follows:
``(1) By appeal, where is drawn in question the validity of a
treaty or statute of the United States and the decision is against
its validity.
``(2) By appeal, where is drawn in question the validity of a
statute of any state on the ground of its being repugnant to the
Constitution, treaties or laws of the United States, and the
decision is in favor of its validity.
``(3) By writ of certiorari, where the validity of a treaty or
statute of the United States is drawn in question or where the
validity of a State statute is drawn in question on the ground of
its being repugnant to the Constitution, treaties or laws of the
United States, or where any title, right, privilege or immunity is
specially set up or claimed under the Constitution, treaties or
statutes of, or commission held or authority exercised under, the
United States.
``For the purposes of this section, the term `highest court of a
State' includes the District of Columbia Court of Appeals.''
1970--Pub. L. 91-358 provided that for the purposes of this section,
the term ``highest court of a State'' includes the District of Columbia
Court of Appeals.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, 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 section 7 of Pub. L. 100-352, set out as a note
under section 1254 of this title.
Effective Date of 1970 Amendment
Section 199(a) of title I of Pub. L. 91-358 provided that: ``The
effective date of this title (and the amendments made by this title)
[enacting sections 1363, 1451, and 2113 of this title and amending this
section, sections 292 and 1869 of this title, section 5102 of Title 5,
Government Organization and Employees, and section 260a of Title 42, The
Public Health and Welfare] shall be the first day of the seventh
calendar month which begins after the date of the enactment of this Act
[July 29, 1970].''
Section Referred to in Other Sections
This section is referred to in title 15 section 3207; title 16
section 2633.
