[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3133

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

                            October 6, 2011

   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 2011''.

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.
                                 <all>