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H.R. 2783 - Equal Justice for Our Military Act of 2017
Introduced: 2017-06-06
Bill Status: Referred to the House Committee on the Judiciary.
 

Equal Justice for Our Military Act of 2017

This bill amends the federal judicial code to allow for review by writ of certiorari of certain cases denied relief or review by the U.S. Court of Appeals for the Armed Forces.

The time for application for such a writ shall be as prescribed by rules of the Supreme Court.

Full Text


115th CONGRESS
1st Session
H. R. 2783


    To amend titles 28 and 10, United States Code, to allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces.


IN THE HOUSE OF REPRESENTATIVES

June 6, 2017

    Mrs. Davis of California introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

    To amend titles 28 and 10, United States Code, to allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Equal Justice for Our Military Act of 2017”.

SEC. 2. Certiorari to the United States Court of Appeals for the Armed Forces.

(a) In general.—Section 1259 of title 28, United States Code, is amended—

(1) in paragraph (3), by inserting “or denied” after “granted”; and

(2) in paragraph (4), by inserting “or denied” after “granted”.

(b) Technical and conforming amendments.—

(1) TITLE 10.—Section 867a(a) of title 10, United States Code, is amended by striking “The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Appeals for the Armed Forces in refusing to grant a petition for review.”.

(2) TIME FOR APPLICATION FOR WRIT OF CERTIORARI.—Section 2101(g) of title 28, United States Code, is amended to read as follows:

“(g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court.”.

SEC. 3. Effective date.

(a) In general.—Subject to subsection (b), the amendments made by this Act shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act and shall apply to any petition granted or denied by the United States Court of Appeals for the Armed Forces on or after that effective date.

(b) Authority To prescribe rules.—The authority of the Supreme Court to prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by section 2(b)(2) of this Act, shall take effect on the date of the enactment of this Act.


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