Service Member SCOTUS Act of 2021

Service Member SCOTUS Act of 2021

This bill authorizes the Supreme Court to review by writ of certiorari certain cases in which the Court of Appeals for the Armed Forces has denied a petition for review or relief.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4790 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4790

To amend titles 10 and 28, 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

                             July 29, 2021

Mr. Gohmert (for himself and Mr. Gosar) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend titles 10 and 28, 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 ``Service Member SCOTUS Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article III, section 1 of the Constitution of the 
        United States establishes the Supreme Court of the United 
        States. The Constitution states that the Supreme Court has both 
        original and appellate jurisdictions.
            (2) The best-known power of the Supreme Court is judicial 
        review, or the ability of the Court to declare a legislative or 
        executive act in violation of the Constitution.
            (3) Members of the Armed Forces are typically denied 
        certiorari review if the United States Court of Appeals for the 
        Armed Forces refuses to grant a petition for review. Thus, the 
        ability to seek justice with respect to the rulings of courts-
        martial has been stunted due to an arbitrary and capricious 
        rule.
            (4) Furthermore, detainees at United States Naval Station, 
        Guantanamo Bay, Cuba are granted unfettered discretionary 
        access to the Supreme Court under writs of certiorari as 
        displayed under Rasul v. Bush and Al Odah v. United States.
            (5) Considering the aforementioned cases and in the 
        interest of justice and accountability, this Act modifies the 
        Uniform Code of Military Justice and section 1259 of title 28, 
        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.

SEC. 3. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED 
              FORCES.

    (a) Court of Appeals for the Armed Forces; Certiorari.--
            (1) In general.--Section 1259 of title 28, United States 
        Code, is amended--
                    (A) in paragraph (3), by inserting ``or denied'' 
                after ``granted''; and
                    (B) in paragraph (4), by inserting ``or denied'' 
                after ``granted''.
            (2) Technical and conforming amendments.--
                    (A) Title 10.--Section 867a(a) of title 10, United 
                States Code (article 67a of the Uniform Code of 
                Military Justice), is amended by striking ``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.''.
                    (B) 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.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section 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.
            (2) 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 subsection 
        (a)(2)(B) of this Act, shall take effect on the date of the 
        enactment of this Act.
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