H.R. 1435 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1435 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 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. 1. Short title This Act may be cited as the Equal Justice for Our Military Act of 2013. 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. . 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.